The Ombudsman's final decision
Summary: Miss X complained the Council failed to protect her from harm between 2001 and 2017. The Council has agreed to investigate Miss X’s complaint under the children’s statutory complaints procedure, so we ended our investigation.
The complaint
Miss X complained, with the help of her advocate, that the Council failed to protect her from harm and to properly promote her welfare and development while she was in the Council’s care between 2001 and 2017.
As a result, she said she suffered abuse, severe distress and significant psychological harm. She wanted the Council to apologise for its failings, support to her understand what happened and arrange suitable therapy.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions a council has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended) 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)
How I considered this complaint
I considered the information Miss X’s advocate provided and discussed the complaint with them.
I also considered the Council’s comments on the complaint.
Miss X and the Council had an opportunity to comment on my draft decision. I considered their comments before making a final decision.
What I found
Statutory complaints procedure 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.
The first stage of the procedure is local resolution. Councils have up to 20 working days to respond.
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 investigator and an independent person who is responsible for overseeing the investigation. Councils have up to 13 weeks to complete stage two of the process from the date of request.
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 days of the date of request, and then issue a final response within 20 days of the panel hearing.
The Ombudsman would normally expect a council and complainant to follow the full complaints procedure. The guidance sets out the circumstances in which a complaint can be referred to the Ombudsman without completing all three stages. This can only happen when the stage two investigation is robust with all complaints upheld. Councils must show they agree to meet most of the complainant’s desired outcomes and have a clear action plan for delivery.
Councils can refuse to consider complaints under the statutory procedure if the events someone complaints about took place more than 12 months ago. However, the guidance says councils can choose to extend the time limit if it is still possible to investigate effectively and efficiently. Councils should also consider whether it would have been reasonable for the person to have complained sooner, before deciding whether to investigate a late complaint.
What happened Miss X left the Council’s care around 2018.
She complained to the Council in early 2020 about how it looked after her while she was in the Council’s care. The Council told Miss X it would not consider her complaint because she had complained about events more than 12 months ago.
After getting help from her advocate, Miss X asked the Council to reconsider its decision in early 2022. However, the Council again refused to consider Miss X’s complaint.
Miss X was not satisfied with the Council’s decision, so complained to the Ombudsman.
After Miss X complained to the Ombudsman, the Council agreed to investigate her complaint under the statutory procedure following intervention by Miss X’s MP.
Stopping our investigation Our view is that it is usually appropriate for a councils and complainants to use the statutory complaints procedure before complaining to the Ombudsman.
Since the Council has now agreed to consider Miss X’s complaint under the statutory procedure, and I am satisfied it would be reasonable to expect Miss X to use that process first, I have ended my investigation.
Is Miss X is not satisfied at the end of stage three of the process, she could complain to the Ombudsman again at that stage.
Final decision
I have ended my investigation into Miss X’s complaint. The Council has agreed to investigate the complaint under the statutory complaints procedure and I am satisfied it is appropriate for Miss X to use the statutory process first.
Investigator's decision on behalf of the Ombudsman