Summary: Miss X complained the Council failed to respond to her concerns about the care of her two children, who were in foster care. We find the Council was at fault for failing to tell Miss X she could return to the complaints process after court proceedings and the Local Authority Designated Officer process were complete. We also find the Council was at fault for failing to keep Miss X updated about the progress of the Local Authority Designated Officer process. The Council agrees actions to remedy the injustice.

The complaint

1. Miss X complained the Council failed to respond to her concerns about the care of her two children, in foster care. She is unhappy about the Council’s communication with her and its refusal to look at her complaint. Miss X said her children suffered emotional damage from the care they received and wants compensation for them. Also, she has concerns about the foster carer looking after other children.

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The Ombudsman’s role and powers

2. 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’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
4. Under the information sharing agreement between the Local Government and Social Care Ombudsman and the Office for Standards in Education, Children’s Services and Skills (Ofsted), we will share this decision with Ofsted.

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How I considered this complaint

5. I considered information provided by Miss X and the Council. I discussed the complaint with Miss X.
6. Miss X and the Council had an opportunity to comment on my draft decision. I considered their comments before making a final decision.

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What I found

7. Government guidance says councils should designate a particular officer, or team of officers, “to be involved in the management and oversight of allegations against people who work with children.” (Working together to safeguard children, Department for Education 2018, Chapter 2, paragraphs 5 & 6). The officer is known as the Local Authority Designated Officer (LADO).

Children’s statutory complaints process

8. The law sets out a three-stage procedure for councils to follow when looking at complaints about children’s social care services. The statutory guidance, Getting the Best from Complaints, explains councils’ responsibilities in more detail.
9. Councils have discretion in deciding whether to consider complaints, where to do so would compromise a concurrent investigation under another statutory or internal procedure.
10. If the Council decides not to begin the complaints process, it must write to the complainant explaining the reasons for its decision and naming the relevant concurrent investigation.
11. The Council should tell the complainant of their right to resubmit their complaint once the concurrent investigation has ended, and that it must be resubmitted within one year of the end date of the concurrent investigation.
12. The Council should also keep the complainant up to date with progress on the concurrent investigation.

What happened

13. Miss X has four children. Her two oldest children were placed into the care of the Council with a foster carer.
14. In June 2021, after the children returned to her care, Miss X complained to the Council about the care they received during the foster placement and about the conduct of the foster carer.
15. The Council’s response dated 16 June 2021 explained Miss X’s concerns would be reported to its Local Authority Designated Officer (LADO). The LADO is responsible for co-ordinating the response to concerns that an adult that works with children may have caused, or could cause, them harm.
16. The Council explained to Miss X it would not progress her complaint as her concerns would be looked at by the LADO, but it gave no timescale for the completion of the LADO process. The final hearing of her children’s case was also due in court in September 2021. The Council felt it could potentially be prejudicial to take forward Miss X’s complaint at the same time.
17. Miss X was unhappy with the Council’s response and so contacted the Ombudsman.
18. When I spoke to Miss X, she told me the final court hearing took place in September 2021.

Analysis

19. The Council used its discretion to not take forward Miss X’s complaint. This was an approach the Council was entitled to take under Getting the Best from Complaints and my view is there is no fault in how it made this decision. However, the Council is at fault for failing to tell Miss X she could return to the complaints process once court proceedings and the LADO process were complete. This failure to inform Miss X, could have resulted in her missing the opportunity to have her complaint considered.
20. The Council is also at fault for failing to keep Miss X updated about the progress of the LADO process. This failure to keep Miss X updated caused her uncertainty.
21. If Miss X resubmits her complaint at the end of LADO process and remains unhappy at the end of the statutory children’s complaints process, she can complain again to the Ombudsman.

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Agreed actions

22. To remedy the injustice caused by fault, within one month of the date of my final decision the Council agrees to:
1. Apologise to Miss X, including providing her with an update on the progress of the LADO investigation, with a timescale for its response to be completed, and a promise to deal with her complaint promptly once the LADO process is complete.
2. Remind relevant staff of the need to inform complainants of their right to resubmit their complaint after concurrent investigations have ended.

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Final decision

23. I have found fault by the Council. This fault caused Miss X injustice and the Council has agreed to my recommendations therefore I have completed my investigation.

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Investigator's decision on behalf of the Ombudsman