Summary: Ms X complains the Council failed to provide her with proper support when she was a child in need and when she left care. The Council has acknowledged it failed to provide Ms X with support and has provided leaving care support and paid her a financial remedy to acknowledge the distress it caused her. We have stopped our investigation into this complaint as it is unlikely that further investigation would result in a different outcome.

The complaint

1. Ms X complains the Council failed to provide her with support she was entitled to as a care leaver. As a result she says she was caused significant distress supporting herself at a time when she was vulnerable. Ms X says when the Council did acknowledge that she was a care leaver it was slow to put support in place for her.
2. Ms X also complains the Council has failed to property investigate her complaints and has not offered an appropriate remedy for the distress and harm she was caused as a result of the Council’s actions.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I have spoken to Ms X about her complaint and considered notes of her conversations with another Investigator. I have also considered information she has provided to the Ombudsman.
5. I have considered the Council’s response to our enquiries.
6. I have also considered the Ombudsman’s Guidance on Remedies which is available from our website.
7. Ms X and the Council now have an opportunity to comment on my draft decision. I will consider their comments before making a final decision.

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What I found

Leaving care support

8. Adults who have previously been cared for by a local council may be entitled to support when they turn 18. The amount of support they are entitled to will depend on how long they were in care for and what age they were when they left care.
9. Support can involve helping a young person with transition to adulthood as well as paying for housing and helping them to access education.

Complaints about children’s services

10. The law sets out a three stage procedure for councils to follow when looking at complaints about children’s social care services. At stage 2 of this procedure, the Council appoints an Independent Investigator and an Independent Person (who is responsible for overseeing the investigation). If a complainant is unhappy with the outcome of the stage 2 investigation, they can ask for a stage 3 review. If a council has investigated something under this procedure, the Ombudsman would not normally re-investigate it unless he considers the investigation was flawed. However, he may look at whether a council properly considered the findings and recommendations of the independent investigation.

Background

11. The Council has investigated Ms X’s complaint at stage 1 and stage 2 of the complaints process. The Council did not arrange for a stage 3 panel because
    Ms X and the Council agreed to refer the complaint to the Ombudsman.
12. The stage 2 investigation of Ms X’s complaint found:
• When Ms X was in care as a child she should have been accommodated under section 20 of the Children Act 1989. This meant Ms X should have been a looked after child and been entitled to all the duties owed to looked after children.
• Ms X should have received support as a care leaver.
• There was a delay of four months between Ms X requesting support and being granted care leaver status.
• There was no evidence of inaccurate record keeping. A social worker said they would have concerns with Ms X working with a vulnerable client group based on discussions Ms X had with the social worker.
• Delays in responding to Ms X’s complaint were a result of the impact of the Covid-19 pandemic.
13. The stage 2 investigation made the following recommendations:
• The Council should offer Ms X a sincere apology for delays in providing her with support.
• The Council should ensure Ms X has access to speciality trauma therapy to help her recover from the experiences she suffered with since age 16. The Investigator notes that this was provided at the time by the NHS but the Council had helped with travel costs.
• Ms X should have the opportunity to review recent records to ensure these reflect her circumstances.
• There should be a clear process for Ms X to know how she can be involved in decision making about the support she receives.
• The Council should pay Ms X “compensation under section 92 Local Government Act 2000 to reflect the resources [Ms X] has not been able to access, and to reflect the suffering she has experienced as a result of the lack of appropriate support”.
14. The Council responded to the stage 2 investigation report. It accepted the findings and recommendations. The Council also said it would provide support, including paying for Ms X’s accommodation whilst she studied for a second degree. The Council agreed to pay Ms X £3000 “compensation” to acknowledge the “stress” Ms X suffered whilst studying for her first degree.
15. Ms X feels that amount the Council has offered is not sufficient and says the Council has failed to provide her with therapy. She is also unhappy that a social worker expressed concerns about her ability to work with a vulnerable client group and that this is in her records.
16. In its response to our enquiries the Council said it had successfully applied for a grant for £500 to help Ms X access private counselling as she did not wish to access this through the NHS.

My findings

17. The Ombudsman does not provide compensation in the same way as the courts. Our Guidance on Remedies, which is published on our website, says we may recommend symbolic payments to acknowledge the distress or difficulties a person has been caused as a result of fault by a council.
18. In all cases we will start by trying to put a person back in the position they would have been if there had been no fault. This might involve recommending a council provide services or support a person should have previously received.
19. In this case the Council has acknowledged it failed to provide Ms X with services she was entitled to. The Council has agreed to financially support Ms X through her second degree by providing her with a leaving care grant, paying her rent and covering other costs and expenses. The Council would have provided his support during Ms X’s first degree.
20. The Council has also agreed to pay Ms X £3000 to acknowledge the distress it caused her by not providing her with appropriate support previously.
21. These actions are in line with what the Ombudsman would usually recommend in these circumstances and it is unlikely further investigation of this complaint would result in a different outcome. Therefore, I have stopped my investigation.
22. The Council has also obtained £500 grant for private counselling for Ms X. The Council is not under a duty to arrange private counselling for Ms X. It has offered to assist her with travel costs of accessing NHS services and has offered to refer her to its adult care services department. Therefore, it is unlikely further investigation would find fault with the Council’s actions so I have stopped my investigation into this part of Ms X’s complaint.
23. I understand Ms X is unhappy with the social worker’s opinion of her suitability to work with a vulnerable client group. The Ombudsman would not usually find fault with a social worker for stating an opinion. I appreciate Ms X disagrees with the social worker but it is unlikely further investigation would result in a finding of fault, especially as the social worker’s opinion was based on a conversation she had with Ms X.

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Final decision

24. I have stopped investigation into this complaint. This is because it is unlikely further investigation would lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman