Summary: Mr X complained about the Council’s failure to address his immigration status whilst he was a looked after child. We find the Council is at fault for failing to deal with Mr X’s complaint through the statutory children's complaints process. The Council has agreed to apologise to Mr X and investigate his complaint through the statutory complaints process.

The complaint

1. Mr X complained about the actions of the Council when he was a looked after child. He believes the Council failed to look into his immigration status and address issues with it. He says he has had to pay £1,200 to resolve this himself.

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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. 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.
4. If we are satisfied with an organisation’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

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How I considered this complaint

5. I have considered the information Mr X has provided us with. I have considered the Ombudsman’s jurisdiction and the requirements of the statutory complaints process for complaints about children’s social care services.
6. Mr X and the Council have had the opportunity to comment on my draft decision. I have considered their comments before making a final decision.

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What I found

Children’s statutory complaints process

7. The law sets out a three-stage procedure for councils to follow when looking at complaints about children’s social care services. The accompanying statutory guidance, ‘Getting the Best from Complaints’, explains councils’ responsibilities in more detail.
8. The first stage of the procedure is local resolution. Councils have up to 20 working days to respond.
9. If a complainant is not happy with a council’s stage one response, they can ask that it is considered at stage two. At this stage of the procedure, councils appoint an investigator and an independent person who is responsible for overseeing the investigation. Councils have up to 13 weeks to complete stage two of the process from the date of request.
10. If a complainant is unhappy with the outcome of the stage two investigation, they can ask for a stage three review by an independent panel. The council must hold the panel within 30 days of the date of request, and then issue a final response within 20 days of the panel hearing.
11. The Ombudsman would normally expect a council and complainant to follow the full complaints procedure. The guidance sets out the circumstances in which a complaint can be referred to the Ombudsman without completing all three stages. This can only happen when the stage two investigation is robust with all complaints upheld. Councils must show they agree to meet most of the complainant’s desired outcomes and have a clear action plan for delivery.

What happened

12. Mr X became a Looked After Child (LAC) in 2011 and was accommodated away from his family by the Council. A child becomes looked after when a council has accommodated them for a continuous period of longer than 24 hours. Mr X remained a LAC until 2012.
13. Mr X says he applied for his first passport in June 2021 and was advised he was not a British Citizen. He says he paid £1,200 to resolve his immigration status in October 2021. He complained to the Council in April 2022 that it had failed to look into his nationality or assist him in obtaining a passport during his time as a LAC.
14. The Council decided not to investigate Mr X complaint as it felt he could have brought the complaints to it sooner. After Mr X contacted the Ombudsman the Council has told us that it will consider the complaint further.

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Analysis

15. The issues Mr X raised in his complaint are about the Council’s actions during his time as a LAC. The law requires certain complaints to be considered through the statutory children’s complaint investigation process. As Mr X was a LAC, the issues he raised should have been considered through the statutory complaints process.
16. Whilst complaints should be made within 12 months the regulations say older complaints should be considered where the person could not have reasonably made the complaint earlier and there is evidence available. The Council is at fault for refusing to deal with Mr X’s complaint without considering its discretion. The Council should take action to consider the complaint through the statutory process and apologise to Mr X for the failure to do so originally.

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Agreed action

17. To remedy the injustice caused by fault, within four weeks the Council has agreed to:

• Send a written apology to Mr X.
• Start an investigation under the children’s statutory complaints procedure.

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Final decision

18. I have completed my investigation. The Council is at fault for failing to deal with the complaint through the children’s statutory complaints procedure.

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Investigator's decision on behalf of the Ombudsman