Summary: We will not investigate Miss X’s complaint about children services actions. We will not reinvestigate her complaint which the Council considered in its Children Act statutory complaints procedure. And we cannot achieve the outcome she wants.

The complaint

1. Miss X complains about children services’ actions. She says this has caused her and her family emotional trauma and financial impact. She says it adversely affected her education.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• we could not add to any previous investigation by the organisation; or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. I considered information provided by Miss X which included the Council’s reply to her.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. 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. We also published practitioner guidance on the procedures, setting out our expectations.
7. The first stage of the procedure is local resolution. Councils have up to 20 working days to respond.
8. 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.
9. 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.
10. The whole stage two process should be completed within 25 working days but guidance allows an extension for up to 65 working days where required.
11. 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.
12. 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, if a council has investigated something under the statutory children’s complaint process, the Ombudsman would not normally re-investigate it.

Miss X’s complaint

13. The Council completed Stage Three in February 2025. It upheld small parts, could not reach a decision on other parts and did not uphold significant parts of the complaint.
14. Miss X says:
• She was wrongly diagnosed with an eating disorder without thorough assessment.
• The Council denied her the opportunity for a second opinion from her doctor, despite medical and family support for that.
• Without warning or parental consent, she was taken to hospital, placed under police protection, and forcibly prevented from travelling.
• The Council placed her in a foster care setting for three days, again without explanation or any contact with her parents.
• These events affected her GCSEs preparation and she had to retake them.
• Throughout the process, the Council left her and her family uninformed, excluded, and ignored.
• This caused considerable emotional trauma, and the effects continue to impact her life.
15. Miss X says the Council’s offer after stage two of £300 was not adequate. She wants between £20 000 and £100 000.

Analysis

16. We are unlikely to reinvestigate the complaint. The stage two investigating officer’s report is thorough. Miss X had the opportunity of a stage three independent panel.
17. The remedy Miss X seeks is outside the scope of the payments we would suggest for the fault the Council has accepted. It is open to Miss X to apply to Court for such larger amounts and it is better placed to do so.

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Final decision

18. We will not investigate Miss X’s complaint because we cannot achieve the outcome she seeks. The Courts are better placed to consider the level of payment she wants.

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Investigator's decision on behalf of the Ombudsman