Summary: Miss Y complains about her experiences as a care leaver, particularly around the standard of accommodation provided to her and the Council’s failure to properly consider an allegation she made against a staff member at her placement. Miss Y complained to the Council, but the investigation was not robust and did not offer an appropriate personal remedy. We find fault causing injustice which the Council has agreed to acknowledge with a payment of £3750.

The complaint

1. Miss Y complains the Council failed to support her after she made an allegation about a member of staff at her previous semi-independent living placement. Miss Y also says the Council failed to communicate with her about the allegation and did not seek her views before investigating. The eventual safeguarding alert and referral to the Local Authority Designated Officer (LADO) were significantly delayed.
2. Miss Y also complains the placement was unsuitable and she lived in poor and unsafe living conditions. She says the Council failed to provide her with an adequate Pathway Plan and did not support her to find suitable accommodation to move to once the placement ended.
3. When she complained about her experiences, the Council failed to ensure the correct process was followed and the person allocated to investigate at Stage 2 of the complaints process was not sufficiently independent. Miss Y complains the report issued at Stage 2 was poor quality and did not address points she raised.
4. Miss Y seeks financial redress in recognition of the significant and avoidable distress she has experienced and wants improvements made to the service to ensure other young care leavers do not have the same experiences.

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The Ombudsman’s role and powers

5. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
6. 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 significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
7. 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

8. I considered evidence provided by Miss Y’s advocate and the Council as well as relevant law, policy and guidance.
9. I exercised discretion to investigate matters dating back to July 2021 because of the age and vulnerability of Miss Y.
10. Miss Y and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.
11. Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).

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What I found

What should happen

12. Councils have specific housing duties for young people leaving care to ensure they have safe, stable, and appropriate accommodation as they transition to independent living. These duties are set out in the Children Act 1989 and the Children and Social Work Act 2017. Below are the key housing responsibilities that councils have for young people leaving care.
• Local authorities must provide suitable accommodation for care leavers up to the age of 21. If the care leaver is in education, employment, or training, they are entitled to accommodation until the age of 25. This ensures that care leavers are not forced into unstable housing while pursuing their education or career.
• Ensure accommodation meets the individual needs of the care leaver. It should be stable, safe, and allow the young person to manage the transition into adulthood effectively. This includes being in reasonable proximity to work, education, or training opportunities, and being accessible to support services if needed.
• Create a Pathway Plan. This should set out the young person’s housing needs and plans for independent living in consultation with the young person and their Personal Adviser (PA). This includes considering factors such as rent, location, and proximity to support networks.
13. Councils must offer a variety of accommodation options to care leavers. These options may include the following.
• Supported Accommodation: where young people live independently but still receive support, such as help with budgeting, cooking, and accessing local services.
• Semi-Independent living: shared accommodation or flats where care leavers can live on their own but still receive support from social workers, PAs or other professionals.
• Independent living: own accommodation, either through renting or a tenancy agreement. The young person is expected to live completely independently, although they still have access to support services if needed.
14. Under the Homelessness Reduction Act 2017, local authorities have a duty to assist young people at risk of homelessness. If a care leaver finds themselves homeless or at risk of homelessness, the local authority must take action to prevent homelessness. If a care leaver is homeless and does not have suitable accommodation, local authorities must provide emergency housing and work to find longer-term solutions. Care leavers should not be left in temporary or unsuitable housing for extended periods.
15. The Homelessness Code of Practice says: “Any joint working arrangements between a children’s services authority and a housing authority for care leavers’ transition to independent living should include ensuring the delivery of effective preparation for independence with planned, sustainable moves into supported or independent accommodation. Local processes and/or practices should not involve care leavers routinely being treated as homeless when care placements come to an end in order to place the housing authority under an obligation to secure accommodation under Part 7 of the 1996 Act”.

Complaints under the statutory procedure

16. Section 26(3) of the Children Act (1989) says all functions of the Council under Part 3 of the Act may form the subject of a complaint under the statutory complaints procedure. The statutory guidance explains the process in more detail: (Department for Education and Skills 2006 Getting the best from complaints: Social Care Complaints and Representations for Children, Young People and Others).

17. Complaint investigations under the statutory procedure consist of three stages.
• Stage 1: Staff within the service area complained about try to resolve the complaint.
• Stage 2: An Investigating Officer (IO) and an Independent Person (IP) investigate the complaint. The IO writes a report with their findings, conclusions and outcomes against each point of complaint and any recommendations to remedy injustice. The regulations say the IO must be independent. They may be an employee of the Council but should have not been involved with the subject matter of the complaint. To ensure impartiality, the process is overseen by the IP, who is neither an elected member nor an employee.
• Once the IO has finished the report, a senior manager acts as adjudicating officer (AO). They will consider the complaints, the IO’s findings, conclusions, and recommendations, as well as any report from the IP, and the desired outcomes. The AO should write to the complainant with their decision on each complaint
• Stage 3: A review panel considers the complaint. The panel must consist of three independent people. Following the panel, the members write a report containing a summary of the representations and their recommendations for resolution of the issues.
• The council must send its response to the panel’s recommendations to the complainant within 15 days of receiving the report. The response should set out how the council will respond to the recommendations and what action it will take. If the council deviates from the panel’s recommendations it should explain its reasoning in the response.

Summary of key events leading to the complaint

18. In July 2021 Miss Y became subject to a care order. Her grandmother, who I will call Mrs W, initially provided care for Miss Y under a Special Guardianship Order (SGO). The SGO placement broke down and Miss Y moved into a residential home.
19. At the age of 16 Miss Y moved to a semi-independent flat and received support from staff working at the placement. I will call this placement one. Records show that Miss Y engaged well with support workers initially.
20. On 23 July 2021 a social worker completed a statutory visit, the purpose of which was to check Miss Y’s welfare and ensure the placement was suitable and continued to meet her needs. Records of the meeting show that Miss Y expressed concerns about a staff member at the placement. I will call him Mr X.
21. Certain staff members, including Mr X, had a key for Miss Y’s flat for safety checks. Miss Y reported that Mr X entered her flat on more than one occasion without first allowing her opportunity to answer the door. Miss Y said she had been in her bedroom with no clothes on due to the warm weather. She said Mr X’s entry into her flat was unnecessary. Miss Y also described another incident when Mr X told her she had been “naughty” which made her feel uncomfortable.
22. The notes of the meeting show the social worker told Miss Y they would discuss her concerns with a manager at placement one. Around this time Miss Y’s case also transferred to a different social worker and team.
23. Emails from placement one to the Council show management spoke with relevant staff, including Mr X, and undertook an investigation. Placement one agreed to call Miss Y on her mobile before entering her flat to undertake welfare checks.
24. Miss Y moved into another semi-independent placement in February 2022. I will call this placement two.
25. The Council completed a review of Miss Y’s placement on 28 March 2022. The Council told Miss Y she would have the option to take over her current tenancy at placement two after she turned 18.
26. The Council reviewed Miss Y’s care plan on 13 May 2022 and noted that Miss Y was happy in her new placement and felt well supported by her two support workers. Miss Y told the social worker she often stays overnight at her boyfriend’s parents’ house, but disclosed that her boyfriend was sometimes violent, aggressive, threatening and controlling. Miss Y reported her boyfriend smashed up her phone on numerous occasions and stopped her from seeing friends.
27. On 18 July 2022 a social worker completed a statutory visit. Miss Y told the social worker she did not want to continue living in her flat at placement two because the accommodation was infested with rats. When she raised concerns with staff at the placement, they told her she had the best available flat and there was no better alternative to offer. Miss Y continued to spend a lot of her time with her boyfriend and his family.
28. The social worker visited again on 8 August 2022. Miss Y reiterated her concerns about rats and mentioned issues with dog faeces in communal areas of the building. She said pest control attended on two occasions, but they could not complete their visits because nobody was there to allow access.
29. The social worker reassured Miss Y that she would be supported to apply for the Council’s housing register to allow her to bid for social housing in readiness for fully independent living.
30. On 5 January 2023 the Council wrote to Miss Y to provide her log-in details to bid for properties on the hosing register. The letter confirmed the Council had placed Miss Y into ‘Band B’ due to her “high health/welfare need”.
31. The social worker visited Miss Y on 24 January 2023. The notes of that meeting show Miss Y said the rat infestation had resolved and that she was spending more time in her flat. Miss Y had also enrolled onto a beauty therapy course but recently decided she would prefer a career in hospitality.
32. Shortly after the review Miss Y received a diagnosis of Autistic Spectrum Disorder (ASD).
33. As Miss Y was approaching adulthood, placement two held a ‘moving on’ meeting on 15 May 2023 to consider her longer-term accommodation needs. Placement two told the Council it would not offer Miss Y a tenancy beyond her 18th birthday because:
• Miss Y does not want to remain in the property long term;
• Miss Y only stays in her flat one nigh each week and usually needs to have someone stay with her; and
• Miss Y may not be able to manage a tenancy without support.
34. Almost two years after Miss Y first reported the issues relating to Mr X, the Council referred the matter to the LADO and held a strategy meeting in May 2023. The Council found that placement one completed an internal investigation at the time and concluded that Miss Y’s concerns were unsubstantiated. The LADO decided not to commence an investigation. The police also decided to take no further action (NFA) due to a lack of evidence.
35. On 13 June 2023 the social worker met with Miss Y to discuss her accommodation options. The social worker said Miss Y could move into interim accommodation, such as a hostel. Miss Y declined. The social worker agreed to make a referral to the adult care team to discuss her long-term support needs.
36. Miss Y turned 18 in June 2023.
37. Following the end of the notice period, placement two changed the locks on Miss Y’s flat on 12 July 2023 because she did not return her keys.
38. On 6 January 2024 the Council wrote to Miss Y confirming that her priority banding for social housing had changed from Band B to Band A. This was following a recent policy change which meant that young people leaving care receive the highest priority for housing.
39. The Council created a Pathway Plan dated 10 July 2024. This focussed on the following key points.
• Miss Y is “desperate” to find her own accommodation and feels this is her biggest need now. Miss Y is extremely anxious, dysregulated and has displayed self-harming behaviours.
• Miss Y will receive support from her PA to ensure she receives all entitlements.
• The Department for Work and Pensions (DWP) has assessed Miss Y as having limited capability to work and Miss Y receives welfare benefits.
• Miss Y is living between two houses: Mrs W’s and her boyfriend’s grandad. She says the grandad’s house is unclean and they recently had bed bugs.
• Miss Y places bids on the housing register every Tuesday and Thursday and is aware she can ask her PA for support if needed.
• The PA made Miss Y aware of her accommodation options. These are private rented or social housing, the latter being more affordable and secure.
• When Miss Y secures a tenancy, the PA will support her to make an application to receive funding for furniture and a ‘setting up’ allowance. The PA can also support Miss Y with arranging bills. Miss Y was reassured by this.
40. A worker from the Council’s ‘leaving care’ team visited Miss Y on 8 October 2024. Miss Y expressed problems with her boyfriend’s grandad’s house and that he may be evicted following a recent refusal to pay his increased rate. Miss Y said she is worried she will become homeless. Miss Y said she had recently placed a bit on a one-bedroom flat and was position number ne.
41. Miss Y moved into an unfurnished flat on 17 December 2024.

Statutory complaints investigation

42. Miss Y complained to the Council, via her advocate, in August 2023 about the issues summarised in paragraph one of this statement. The Council did not uphold any parts of the complaint but offered to allocate a new PA.
43. Miss Y asked the Council to escalate her complaint. The Council allocated an IO and IP to impartially investigate under the statutory procedure. The records show the IO was the same officer who signed the complaint response at stage one. In summary, the IO found the following.
• There is evidence so show a social worker spoke with placement one about the incidents relating to Mr X. Placement one did its own investigation, and the LADO has since confirmed that no further action will take place. There is no evidence to show the Council explained to Miss Y what action took place at the time. The IO and IP upheld this complaint.
• The planning and support offered by the Council did not result in effective outcomes for Miss Y. The problems at placement two were allowed to drift until Miss Y reached 18, despite the concerns she raised. It is unclear whether the Council offered to support Miss Y with her reports that placement two was not suitable. Directing Miss Y to the housing register was not adequate, given her diagnosis of ASD and the need for support tailored to her needs. Miss Y did not receive clear advice about what properties to bid on and how to place those bids. The IO and IP partly upheld this complaint.
44. The stage two investigation concluded on 25 November 2023 with the following recommendations. Beside each point I have noted if the actions were completed.
• Apology to Miss Y for the failings identified. The Council sent a letter of apology on 6 December 2023.
• Arrange a meeting with Miss Y and her advocate to explain the investigation process which took place at placement one and the outcomes reached. The Council met with Miss Y on 27 December 2023.
• Revise Miss Y’s Pathway Plan within 30 days to provide clear options for accommodation. The Council updated the plan on 5 December 2023.
• Share the complaint report with the commissioning team to address concerns with placement two because “[placement two] was not suitable for a young person in care with needs such as [Miss Y’s]”. The relevant team booked an appointment with placement two to discuss the complaint findings.
45. The Council issued an adjudication letter on 1 December 2023. The AO agreed with the outcomes of the stage two report and agreed to carry out the recommended actions within 30 working days.
46. Dissatisfied with the findings of the investigation, Miss Y asked to proceed to stage three of the process. Miss Y expressed her dissatisfaction.
• Miss Y’s call logs showed excessive calls from Mr X. Miss Y also had text messages from him. CCTV footage would have shown Mr X entering her flat unannounced. Miss Y’s friend witnessed Mr X entering her flat twice; once while Miss Y was in the bathroom and another time when she was in bed.
• The Council did not act upon concerns that Miss Y’s boyfriend was abusive.
• The PA allocated to Miss Y did not meet her. The PA then went on annual leave at a crucial point and did not arrange for anyone to contact Miss Y to ensure she had funds with which to live on.
• The flat at placement two was unsafe. The front door was kicked in. There were mice and rats and overflowing bins. Miss Y said there were also problems with water and electricity. Other residents in the street were drug and alcohol abusers and would sometimes shout abuse to Miss Y.
• Miss Y moved into live with her boyfriend’s grandad. The property was dirty and had bed bugs.
47. The panel considered the complaint on 23 April 2024. It concluded with the following.
• The Council did not follow the correct processes when Miss Y made a disclosure about Mr X. The long delay in referring the allegation to the LADO “was likely to have had a negative impact on the availability and quality of evidence for the strategy meeting and police investigation”.
• The Council should have ensured the IO allocated to investigate Miss Y’s complaint was not the same person who considered her complaint at the first stage. There was also a failure by the IP to attend the meeting between the IO and Miss Y to agree upon a statement of complaint.
• Comments made by the IP during the panel suggested the correct process was not followed. This is because the IP said the IO was due to change roles within two weeks. Consequently, the statement of complaint did not accurately reflect all of Miss Y’s concerns.
• The panel changed the finding for complaint two from partly upheld to fully upheld. Although Miss Y had refused some services the panel said the explanation provided was a reasonable one because the accommodation at placement two was “at an unacceptably poor level”.
48. The panel made some further recommendations.
• For the Council to note the errors in the handling of Miss Y’s complaint whilst undertaking a wider review of the complaints process.
• Review other complaint investigations which may not have been compliant with regulations and guidance.
• Provide training to relevant workers to ensure that officers make timely referrals to the LADO.
• Contact the safeguarding children partnership to discuss the lengthy delay in the LADO referral so they can consider whether to review or take further action.
• Contact placement two regarding the decisions it gave to refuse a ‘moving on’ tenancy. The Council should review what it can do to challenge previous decisions to ensure Miss Y receives suitable accommodation and support.
• Liaison between the complaints team and the leaving care team to consider what steps can be taken to ensure PAs and their managers understand the complaints process and feel able to raise concerns.
• Develop further information resources for care leavers to provide details about the quality of accommodation they should expect to receive, how it is inspected and how they can raise concerns.
• Consider what steps the Council can take to improve the availability of bed spaces for looked after children and care leavers.
• Consider financial redress for Miss Y in line with the LGSCO’s Remedies Guidance. This should include redress for belongings which were damaged or stolen whilst Miss Y lived in semi-independent accommodation.
49. Following the recommendations made, the Council made the following offer of financial redress to Miss Y:
• £400 as a symbolic payment in recognition of injustice caused by fault in the handing of Miss Y’s complaint.
• £300 as a symbolic payment in recognition of the poor communication from the Council after Miss Y raised concerns about Mr X, which caused frustration and uncertainty.
• £300 in addition to the ‘setting up’ allowance already paid to Miss Y. This is in recognition of belongings lost by Miss Y when she moved from placement two.
• £400 as a symbolic payment in recognition of the distress Miss Y experienced from her poor living conditions at placement two.
50. Dissatisfied with the outcome, Miss Y approached the Ombudsman.

Ombudsman’s analysis

51. As Miss Y raised some concerns about the adequacy of the complaint investigation, I have investigated the substantive complaint. In doing so I have referred to contemporaneous evidence, such as the notes of statutory care visits and reviews as well as the Pathway Plans and corresponding records. Following my investigation I have found fault causing injustice in all parts of Miss Y’s complaint.
52. The Council failed to properly consider the allegation against Mr X. As a person working with children, the Council should have notified the LADO. Miss Y has explained there was lots of evidence available which the LADO could have considered, including a statement from a third-party witness, phone logs, text messages and CCTV footage. Due to the significant passage of time, it is likely the reliability of evidence declined and there was a lost opportunity to robustly consider Miss Y’s concerns. In my view, the remedy offered does not go far enough to acknowledge the significant distress caused by the fault. Although we cannot say what the outcome of any investigation would have been in 2021, Miss Y has experienced significant distress and uncertainty which the Council has now agreed to acknowledge with a payment of £1000.
53. The records show Miss Y reported a rat infestation at placement two between July 2022 and January 2023. There was a lack of action taken by the Council, as corporate parent, to ensure that Miss Y’s accommodation was safe and met all her needs. The Council has now accepted that placement two was unsuitable. To remedy the injustice caused by fault, I the Council has agreed to make a payment of £1500.
54. The first Pathway Plan shared with us by the Council is dated July 2024, at which point Miss Y was 19 years old. The regulations state councils must issue Pathway Plans “as soon as possible after the assessment of [the child’s] needs”. The Council must complete the assessment of needs no more than three months after their 16th birthday. Miss Y’s Pathway Plan was therefore delayed. This impacted on the Council’s ability to properly plan and manage her move from placement two.
55. When Miss Y received notice to leave her placement in May 2023, there are no records to show the Council discussed the options regarding the removal and storage of her belongings. As a result, Miss Y said she had to leave large items of furniture when she moved. As part of the setting up allowance, Miss Y has now received funding for new furniture (£1,170 for a sofa and a bed and £593.42 for bathroom storage, a wardrobe and drawers). In my view, the £300 already offered by the Council does not go far enough in recognising the significant inconvenience and distress Miss Y experienced when she had to move without any support. The Council will increase this offer to £500.
56. Between July 2023 and December 2024 Miss Y did not have a fixed address. She spent her time living temporarily at her boyfriend’s grandad’s house which was unclean and contained bed bugs. The Council was also aware that Miss Y’s boyfriend had allegedly abused her. Although Miss Y always had a place to stay, for most of this period it is my view that she was unsuitably accommodated. There are notes to show that Miss Y’s social worker briefly mentioned the option of interim accommodation in July 2023, which Miss Y did not want to consider. However, there is no evidence of any documented discussions between children’s services and the housing authority to clarify temporary accommodation options and properly relay these to Miss Y, including the potential location and costs. I do not consider the Council provided Miss Y with enough information to make an informed decision. The Council has now agreed to pay Miss Y £750 in recognition of the unsuitable living conditions she endured during those five months.
57. I have not recommended any service improvements because the stage three panel recommended comprehensive improvements, as summarised in paragraph 48 of this statement. The Council’s action plan shows completion of all actions.

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Action

58. Instead of the £1400 already offered, make a total payment of £3,750 to Miss Y. The breakdown for the payment is provided in paragraphs 52 to 56. The Council will provide us with evidence it has complied with this action.

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Decision

59. I find fault causing injustice. The Council has agreed to complete the actions we recommended to remedy the injustice caused by fault.

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Investigator's decision on behalf of the Ombudsman