Summary: Mr X complained using the children’s statutory procedure about support he received as a care leaver. The Council frustrated his right to a stage three independent panel under the procedure and failed to consider related issues covered by other complaints procedures such as adult social care. In recognition of the frustration and uncertainty caused, the Council has agreed to apologise, carry out a stage three independent panel in line with the relevant guidance and take action to prevent recurrence of this fault in future.

The complaint

1. Mr X complained the Council failed to properly consider his complaint made under the children’s statutory complaints procedure regarding the support he received as a care leaver.
2. He said because of the Council’s poor complaint handling, the issue he complained of is not resolved which has led him to remain in debt and he has been caused frustration and distress.

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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’. 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)
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(1), as amended)
5. 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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How I considered this complaint

6. I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
7. I considered all comments made by Mr X and the Council on a draft decision before making a final decision.

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What I found

Law and guidance

Children’s statutory complaints procedure

8. The law sets out a three-stage procedure for councils to follow when looking at complaints about children’s social care services. This includes complaints about how a council has treated a child in its care. The accompanying statutory guidance, ‘Getting the Best from Complaints’, explains councils’ responsibilities in more detail. We also published practitioner guidance on the procedures, setting out our expectations.
9. The first stage of the procedure is local resolution. Councils have up to 20 working days to respond.
10. 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 investigating officer (IO) to look into the complaint and an independent person (IP) who is responsible for overseeing the investigation and ensuring its independence.
11. Following the investigation, a senior manager (the adjudicating officer) at the council should carry out an adjudication. The officer considers the IO report and any report from the IP. They decide what the council’s response to the complaint will be, including what action it will take. The adjudicating officer should then write to the complainant with a copy of the investigation report, any report from the independent person and the adjudication response.
12. 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 working days of the date of request, and then issue a final response within 20 working days of the panel hearing. Review panels should take action which includes the following:
• Listen to all parties;
• Consider the adequacy of the stage two investigation;
• Obtain any further information and advice that may help resolve the complaint;
• Reach findings on each of the complaints being reviewed; and
• Make recommendations that involve practical remedies and creative solutions to complex situations.

The children’s statutory procedure: what to do when other complaints procedures are involved

13. The Guidance says, where a complainant has other related complaints that do not fall within this statutory procedure, the council may wish to consider whether there are advantages in accepting these into a single investigation.

LGSCO Practitioner Guidance: Children’s Statutory Complaints Procedure, Updated June 2025

14. Our guidance says, “Councils must use the statutory procedure to respond to the issues which fall under its remit. They may also choose to include different issues which would normally come under a different complaint procedure within the statutory complaint response. We consider this to be good practice where the matters are related. This means complainants can have a single investigation and response to their concerns and reduces duplication by the council.”

The role of the Ombudsman in statutory children’s complaints

15. The statutory children’s complaints procedure was set up to provide children, young people and those involved in their welfare with access to an independent, thorough and prompt response to their concerns. Because of this, we expect people to complete the complaints procedure before we will consider whether there were any flaws in how the council investigated their concerns. The Guidance sets out in Annex 3, the limited circumstances in which a complaint can be referred to the Ombudsman without completing all three stages.

What happened

16. Mr X is a care leaver. He decided to complain because he did not feel he was properly supported by the Council when he turned eighteen.
17. Mr X said several years ago when he was moved into supported accommodation, he was not yet an adult and due to a lack of support he accrued debt from unpaid bills.
18. The Council considered the complaint under the statutory procedure and responded at stage one. It did not uphold the complaint so Mr X asked it to investigate at stage two.
19. At stage two, the officer noted some difficulties and delay in accessing the case records needed. However once documents were received, the investigating officer interviewed relevant people and considered case files and evidence.
20. The investigating officer noted that some of Mr X’s outstanding debt was for adult social care bills which related to care Mr X had not always received. The investigating officer and independent person concluded that some of Mr X’s complaint should be upheld at stage two. This was later agreed by the adjudicating officer.
21. The investigating officer recommended actions the Council should carry out. This included that children’s services and adult social care should meet to discuss the outstanding debt and consider settling it on Mr X’s behalf.
22. Mr X asked for the Council to escalate his complaint to stage three, where his complaint would be considered by an independent panel. However the Council asked if Mr X would ‘pause’ his request to go to stage three. The Council said if his complaint went to stage three, most likely only the parts relating to children’s services would be considered, not the other issues he had complained of such as the outstanding adult social care bills, because these were subject to a different complaints procedure.
23. Mr X initially responded to say he would put the stage three request on hold as requested. However later he again asked for the complaint to be considered at stage three. He said he disagreed with parts of the stage two, asked for other elements to be included in the complaint, asked for strengthened findings and asked for service improvements as well as a higher financial remedy.
24. By the time Mr X complained to the Ombudsman, the Council agreed to write off the adult social care debts and pay the unpaid utility bills.

My findings

25. Due to the thoroughness of the children’s statutory complaints procedure, we expect people to complete this process before we will consider whether there were any flaws in how the Council investigated their concerns. I have therefore not investigated or come to any finding on how the Council considered Mr X’s complaint. I have only considered its actions around the lack of escalation to a stage three panel.
26. The Council failed to properly consider the Guidance when it asked Mr X to pause his stage three request and advised him that if he escalated his complaint to stage three, this would most likely only cover issues relating to children’s services.
27. When a council has begun a statutory complaint investigation into matters which fall under the procedure, it must progress the complaint to the next stage if the complainant requests it. The Council therefore had to begin a stage three panel into the matters Mr X raised which fell under the procedure.
28. The Council can also consider whether to investigate other issues, including adult social care, using the statutory procedure, to avoid confusion for the complainant. The Council failed to consider whether to do this, despite the Guidance making clear provision for this. The Council was at fault.
29. This fault has caused Mr X frustration and uncertainty about how the Council would have treated his complaint if not for the fault. I have asked the Council to consider this issue properly when it carries out a stage three panel as part of my recommendations.
30. Once the Council has concluded its investigation of Mr X’s complaint at stage three, it is open to Mr X to complain to us again if he is concerned that the investigation was flawed or if the agreed recommendations have not been carried out.

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Action

31. Within one month of the date of the final decision, the Council has agreed to:
1. Apologise to Mr X for the uncertainty and frustration caused by the faults in this case.
32. Within three months of the date of the final decision, the Council has agreed to:
1. Demonstrate that it has carried out a stage three panel to consider Mr X’s complaint at the third and final stage of the statutory complaints procedure. It must also show that it has considered at stage three whether to investigate the issues covered by other complaints procedures, in line with section 7.8 of the Guidance.
2. Demonstrate that it has ensured its complaint handling staff are aware, through training or renewed guidance, that issues covered by other complaints procedures can be considered within the children’s statutory procedure and that the Guidance makes provision for this, to allow the child or young person to receive a single joined-up response to their concerns.
33. The Council should provide us with evidence it has complied with the above actions.

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Decision

34. I find fault causing injustice and have recommended actions to remedy injustice.

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Investigator's decision on behalf of the Ombudsman