Summary: Mrs B complains about the actions of the Council when she presented as to it as homeless when she was 16 years old. The complaint has not been through the three stages of the statutory procedure for children’s services complaints, and in the circumstances of this case early referral to the Ombudsman is not appropriate. The Council agreed to give Mrs B the opportunity to complete the statutory procedure. The Ombudsman therefore discontinued his consideration of this complaint.

The complaint

1. The complainant, whom I shall call Mrs B, complains the Council refused to provide her with accommodation under S20 of the Children’s Act 1989, when she presented as a homeless 16-year-old. She complains the Council failed to take account of her wishes and feelings when it made its decision on this matter.

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The Ombudsman’s role and powers

2. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

3. I considered the information submitted by Mrs B about her complaint, the Council’s response to the complaint at Stage 1 of the statutory procedure, and the comments of both sides in respect of early referral to the Ombudsman.
4. I provided Mrs B and the Council with a draft of this decision and gave them the opportunity to comment. I took account of the comments made by the Council in response. Mrs B did not respond.

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What I found

Background to the complaint

5. In April 2019, when Mrs B was 16 years old, she presented to the Council as homeless following a breakdown in her relationship with her parents-in-law. She asked the Council to accommodate her under S20 of the Children’s Act 1989.
6. The Council said that such accommodation could be offered to her as a homeless teenager, but it would only be made available to her and not to her husband, who is an adult. The Council said Mrs B was very clear she wished to remain with husband and did not wish to be separated from him. The Council advised that the Borough Council could assist Mrs B’s husband in securing a tenancy and that Mrs B could then reside with him. The Council completed an assessment of Mrs B as a child in need and offered her emergency accommodation as a temporary measure, which she refused.
7. Mrs B considers that in reaching its decision on accommodating her the Council failed to take account of and respect her wish to continue her relationship with her husband in circumstances where he would be able to visit her and stay overnight.

The statutory complaints process

8. The Children Act 1989 and the Representations Procedure (England) Regulations 2006 provides that, those in receipt of certain services, can make representations or complaints to the Council. A council must investigate the complaint subject to certain restrictions. The guidance Getting the Best from Complaints 2006 provides detailed advice on how councils should conduct investigations.
9. There are three stages to the statutory social services complaint procedure. The first stage allows an informal resolution of the complaint. If that is not possible, the complainant is entitled to an independent investigation of the complaint. The Council may also appoint an independent person to oversee the investigation. At the final stage, an independent Complaints Review Panel can consider the complaint.
10. The guidance is clear that once a council has accepted a complaint under the procedure, unless it is resolved to both parties’ satisfaction, the complainant has a right to go through all three stages. If, after this, the complainant remains dissatisfied, they can submit a complaint to the Ombudsman.

Early referral to the Ombudsman

11. The Ombudsman takes the view that complainants should exhaust the statutory complaints procedure before he will consider a complaint. However, we will consider the individual circumstances of the complainant and in exceptional circumstances may decide to accept a complaint before the three stages of the statutory process have been completed. This is known as early referral.

The Council’s consideration of this complaint

12. The Council responded to Mrs B’s complaint at Stage 1 of the statutory procedure and it advised her appropriately about how to progress the next stage if she remained dissatisfied. Mrs B responded and told the Council she wished to progress to Stage 2. However, Mrs B then asked the Ombudsman to consider accepting her complaint as an early referral. The Council has also expressed the view that it would prefer this option.

Analysis

13. The correspondence I have seen evidences a degree of breakdown in the relationship between Mrs B and the Council, and both sides have some reservations about what might be achieved by further investigation under the statutory process. Nevertheless, Mrs B has expressed a willingness to engage with an independent investigator, such as would be arranged at Stage 2 of the statutory complaints process, and it would be inappropriate to assume what the outcome of such investigation, and a stage 3 panel if necessary, might be.
14. Taking account of the above factors, and the fact that Mrs B is no longer homeless (her husband having secured accommodation in which they are both living), the appropriate course of action is for this matter to be referred back to the Council now for completion of the statutory investigation process. The Council should ensure the process is correctly followed, with due regard to the prescribed timescales.
15. The Council has agreed to carry out a Stage 2 investigation. Mrs B will need to make contact with the Council’s complaints team to initiate the process, to provide it with information about her desired outcomes and confirm her willingness to engage with the process.
16. If Mrs B remains dissatisfied at the end of the three-stage statutory process, she may refer the matter back to the Ombudsman if she wishes.

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Final decision

17. I have discontinued my consideration of this complaint on the basis set out above.

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Parts of the complaint that I did not investigate

18. I have not investigated Mrs B’s substantive complaint because the appropriate course of action is for these matters to be dealt with under the full statutory complaints process.

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Investigator's decision on behalf of the Ombudsman