Summary: The Council was at fault for refusing to consider Mr B’s complaint properly under the Children Act 1989 complaints procedure. It will now do so.

The complaint

1. The complainant, whom I refer to as Mr B, is a looked-after child. He is under the care of the Council but lives in a different authority’s area.
2. Mr B complains about the Council’s decision that the support it will offer to him when he leaves care – particularly with regard to accommodation – will be different if he stays where he is than it would be if he returned to the Council’s area.

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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 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)
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)
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 information from Mr B and the Council. I also considered relevant government guidance.
7. Mr B and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

8. The statutory guidance, ‘Getting the best from complaints’, sets out a three-stage procedure for complaints about certain aspects of children’s social care. I refer to this as ‘the statutory procedure’.
9. Looked-after children can use this procedure to complain about the support they have received. And this extends to support they have received – or will receive – once they have left care.
10. The benefit of the statutory procedure is that the child gets an independent investigation of their complaint (at stage 2), and, if they wish, an independent review (at stage 3).
11. If a complainant wants to progress their complaint through all three stages of the statutory procedure, then they have the right to do so – regardless of the council’s views on the merits of the complaint.
12. The Ombudsman normally expects councils (and complainants) to follow the full statutory procedure before involving us. A complaint can only be referred to the Ombudsman earlier if, following a robust stage two investigation, all significant parts of the complaint have been upheld.
13. In Mr B’s case, the Council refused to commission a stage 2 investigation of his complaint, saying it would not change the outcome. But, if he wanted to progress his complaint to stage 2, the Council should have facilitated this. It was at fault for not doing so.
14. The Council’s refusal meant Mr B suffered an injustice, because he missed out on an independent investigation into his complaint and, potentially, an independent review.
15. The Council now tells us it has resolved Mr B’s complaint, because it is allowing him to remain in the different authority’s area until he turns 18 – which is something he wanted.
16. However, he tells us he remains unhappy with the Council’s position on the support he will receive with accommodation when he leaves care.
17. As Mr B remains dissatisfied with the outcome of his complaint to the Council – and as the criteria for an early referral to the Ombudsman are not met – the complaint should now be considered under stage 2 of the statutory procedure.
18. If Mr B is still unhappy after all three stages of the statutory procedure have been completed, he can come back to us and ask us to consider his complaint.

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Agreed action

19. Within two weeks, the Council has agreed to write to Mr B, and his advocate, to confirm a statement of complaint. When he has agreed the statement, the Council will allocate an investigator to consider the complaint under stage 2 of the Children Act 1989 complaints procedure.
20. The Council will provide us with evidence it has done this.

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Final decision

21. The Council was at fault for failing to handle Mr B’s complaint properly.

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Investigator's decision on behalf of the Ombudsman