Summary: I have discontinued my investigation about the Council’s failure to provide Ms X support as a former relevant child. That is because Ms X has started court action about the matter.

The complaint

1. Ms X complained the Council:
1. Delayed in completing and issuing her pathway plan and failed to keep that plan under regular review.
2. Delayed in allocating a Personal Adviser.
3. Frequently delayed in paying her subsidiary payments causing financial hardship.
4. Stopped providing her with leaving care support despite there being no change to her circumstances and without considering her needs.

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The Ombudsman’s role and powers

2. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
3. We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)

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How I considered this complaint

4. I read the complaint information provided by Ms X and discussed the complaint with her advocate.
5. Ms X and the Council both had the opportunity to comment on my draft decision.

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What I found

The law

6. The Council has duties under the Children Act 1989 (‘The Act’) and Care Leavers (England) Regulations 2010 to support care leavers. The Act defines a former relevant child as a young person who is aged 18 to 21 (or 18 to 25 for those in full time education) and were in care for at least 13 weeks since their 14th birthday, stayed in care until they were 18 or left care on or after their 16th birthday.
7. These include:
• taking reasonable steps to keep in touch with the former relevant child;
• regularly reviewing a pathway plan;
• appointing a personal adviser for the young person; and
• if their welfare requires it, providing financial assistance by contributing to the former relevant child’s expenses in living near the place where he is employed or seeking employment or financial assistance to enable them to pursue education or training.
8. When the former relevant child is in full-time education, the support must remain in place until they are 25.
9. There is a statutory procedure for complaints made by former a relevant child. This involves three stages:
10. Stage one - local resolution by the Council.
11. Stage two - an investigation by an independent investigator who will prepare a detailed report and findings to which the council must respond. If a complainant is still dissatisfied after stage two, they have the right to ask for their complaint to be considered at stage three.
12. Stage three - consideration by an independent review panel which may make further recommendations. A review panel should begin within 30 working days of the request.

What happened

13. Ms X is a former relevant child. In 2018 she complained to the Council about the support its leaving care service provided her.
14. The Council failed to consider that complaint at stage one of the statutory complaint’s procedure. Instead it said Ms X could ask for the complaint to be considered at stage two. The Council allocated an independent investigating officer; it issued its stage two response in December 2018.
15. Ms X asked the Council to consider her complaint at stage three, however it refused. It said her review request was about her immigration status and that the stage three panel would not consider proceedings or decisions relating that.
16. Miss X brought her complaint to the Ombudsman in May 2019. Since starting our investigation Ms X started court proceedings against the Council. The Council said Ms X’s claim against the Council is for its failure to:
• complete a lawful Pathway Plan;
• complete a lawful Human Rights Assessment; and
• provide assistance to her as a former relevant child, including financial support.
17. As the Ombudsman cannot investigate matters that are being considered by the Court, I have discontinued my investigation. If, following Court proceedings there are areas of complaint outstanding the Court did not consider, Ms X can return to the Ombudsman.

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Final decision

18. I have discontinued my investigation, as Ms X is pursuing her complaint through the court.

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Investigator's decision on behalf of the Ombudsman