Summary: We will not investigate Mr X’s complaint about how the Council dealt with his complaint under the statutory children’s complaints procedure. This is because there is insufficient evidence of fault.

The complaint

1. Mr X complains about how the Council has dealt with his complaint under the statutory children’s complaints procedure. Mr X says the Council has failed to provide him with advocacy to enable him to attend a stage three panel.

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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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council considered Mr X’s complaint at stage two of the statutory children’s complaints procedure. Mr X asked for his complaint to be escalated to stage three in August 2024.
6. The Council agreed to delay progressing Mr X’s complaint to allow him to absorb the outcome of the investigation, to accommodate his move to a different area, to allow him to consider information obtained in a Subject Access Request and to allow him to complete coursework.
7. In June 2025, the Council contacted Mr X to progress his complaint. Mr X asked the Council to provide him with an advocate to help him to outline his reasons for escalation and to support him at the panel hearing.
8. The Council considered Mr X’s request but declined it. It said that it only had a duty to provide advocacy in these circumstances for those under the age of 25. The Council gave Mr X some additional time to try and source advocacy locally.
9. I will not investigate Mr X’s complaint because there is insufficient evidence of fault. The Council has made allowances for Mr X’s circumstances by extending the deadline for the stage three panel. It fully considered Mr X’s request for advocacy and fully explained its reasons for declining his request. I am satisfied that the Council had due regard for its duties under the Equality Act when reaching these decisions.

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Final decision

10. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman