Summary: The Council was at fault for failing to consider Mrs X’s complaint through the children’s statutory complaints procedure. To remedy the injustice caused, the Council has agreed to apologise, make a payment and use the children’s statutory complaints procedure to provide a stage one response to Mrs X’s complaint.

The complaint

1. Mrs X made a stage one complaint to the Council about its failure to provide adequate support to her as a special guardian. Mrs X complained the Council failed to consider this through the children’s statutory complaints procedure. She said this caused distress, frustration and uncertainty.

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The Ombudsman’s role and powers

2. 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)
3. 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)
4. Under our information sharing agreement, we will share this decision statement with the Office for Standards in Education, Children’s Services and Skills (Ofsted).

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How I considered this complaint

5. I considered evidence provided by Mrs X and the Council as well as relevant law, policy and guidance.
6. Mrs X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Relevant law and guidance

Assessment of need

7. The Children Act 1989, section 17, requires councils to safeguard and promote the welfare of ‘children in need’ in their area, including disabled children, by providing appropriate services for them. All disabled children are regarded as ‘children in need’ and entitled to an assessment under section 17.
8. The Chronically Sick and Disabled Person’s Act (CSDPA) 1970, section 2, requires councils, when undertaking an assessment of a child under section 17 of the Children Act 1989, to consider whether it is necessary to provide support of the type referred to in section 2.
9. Services which can be provided under section 2 CSDPA include:

• practical assistance in the home including home based short breaks / respite care;
• recreational / educational facilities including community based short breaks; and
• travel and other assistance.

Special guardianship order

10. Special Guardianship is an order made by the Family Court that places a child or young person to live with someone other than their parent(s) on a long-term basis. The person with whom a child is placed will become the child’s Special Guardian.
11. Government guidance on the Special Guardianship Regulations sets out the circumstances in which councils should provide financial support to a Special Guardian. These include situations where there is a financial obstacle to a guardianship arrangement being made, and where the child requires special care. There is no overall obligation on councils to provide support in every case in which a Special Guardianship Order (SGO) is made.
12. If support is provided the council must review the arrangements at least once a year.

Statutory complaints procedure

13. 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.
14. The first stage of the procedure is local resolution. Councils have up to 20 working days to respond.
15. 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.
16. 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.
17. 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.
18. 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.
19. The accompanying statutory guidance, ‘Getting the Best from Complaints’, says that Section 26(3) and section 24D of the Children Act, 1989 and section 3(1) of the Adoption and Children Act, 2002 require the responsible authority to consider representations including complaints made to it by Special Guardians.
20. The following functions may be the subject of a complaint:
• financial support for Special Guardians;
• support groups for children and young people to enable them to discuss matters relating to Special Guardianship;
• assistance in relation to contact;
• therapeutic services for children and young people; and
• assistance to ensure the continuation of the relationship between the child or young person and their Special Guardian or prospective Special Guardian.
21. The accompanying statutory guidance, ‘Getting the Best from Complaints’, says the expectation is that the majority of complaints should be considered (and

resolved) at stage one.

What happened

22. Mrs X is a special guardian for a child (Y) whom she is related to. This means Mrs X is Y’s main carer and holds parental responsibility.
23. In June 2025, Mrs X complained the Council:
• Failed to provide specialist adoption support such as therapeutic services or respite;
• Failed to put in place a clear care plan or coordinated approach to support Y’s complex needs;
• Withdrew the financial support intended to help take Y on holiday or days out; and
• Failed to carry out a children and family assessment under section 17.
24. Mrs X asked for the Council to reinstate post-adoption and looked after child support.
25. In July 2025, the Council refused to consider Mrs X’s complaint. The Council said:
• Y was not a looked after child or adopted so would not be entitled to support under these categories;
• Special guardians do not get holiday allowance or automatic respite; and
• Mrs X should contact the special guardianship team for them to explain why it has withdrawn financial support and a proposal for reinstatement.
26. Mrs X responded the same month saying she wanted the Council to reconsider her complaint. Mrs X said she has been a special guardian for 13 years and was extremely concerned about the lack of support received from the Council.
27. The Council responded a couple of days later saying it would not reconsider her complaint as it did not meet the criteria.
28. Mrs X remained dissatisfied with the Council’s handling of the matter and complained to us.
29. In July 2026, the Council told us following a review, it had reconsidered its position and would now be progressing the matter as a stage one complaint through the children’s statutory complaint procedure.

My findings

30. While Mrs X used the terms ‘adoption’ and ‘looked after child’ in her complaint, it was clear that she was complaining about the Council’s failure to provide appropriate support to her as special guardian to Y. This included the withdrawal of financial support, which the Council did not adequately respond to in its response to Mrs X.
31. Therefore, the Council should have considered the complaint through the statutory complaints procedure as it meets the criteria as set out in paragraph 19 and 20. The Council did not do this, which was fault. This has caused Mrs X distress, frustration and uncertainty.
32. Once Mrs X has exhausted the statutory complaints procedure, it is open for her to bring the complaint back to us if she remains dissatisfied.

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Action

33. Within one month of the final decision, the Council has agreed to:
1. Apologise to Mrs X for the distress, frustration and uncertainty caused by its failure to consider her complaint through the children’s statutory complaints procedure. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The Council should consider this guidance in making the apology I have recommended.
2. Pay Mrs X £100 for the distress, frustration and uncertainty caused by its failure to consider her complaint through the children’s statutory complaints procedure.
3. Consider Mrs X’s complaint at stage one of the children’s statutory complaints procedure and provide us with a copy of the complaint response.
4. Provide written guidance to relevant officers that they should consider the ‘getting the best from complaints’ statutory guidance before declining a complaint.
34. The Council should provide us with evidence it has complied with the above actions.

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Decision

35. I find fault causing injustice. The Council has agreed actions to remedy injustice.

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Investigator's decision on behalf of the Ombudsman