Summary: We will not investigate this complaint about how the Council has dealt with a complaint that the complainant was neglected whilst under the care of a Special Guardian and about the lack of support the Council provided when the complainant left care. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, who I will call Mr X, complains that he was subject to neglect whilst in the care of a special guardian and that when he left care the Council failed to provide him with adequate support.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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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. Mr X complained to the Council about the care he received and lack of support provided to him when he left care and the complaint was escalated to stage two of the statutory children’s complaints procedure. In October 2022, Mr X agreed a statement of complaint but shortly after the stage two investigation was suspended.
6. The Council say the reasons for the investigation being suspended was due to difficulties obtaining Mr X’s case records. The Head of Service carried out a review of the case records and legal advice was sought. The Council also considered applying to the courts for copies of records.
7. I will not investigate Mr X’s complaints that the Council has delayed considering his complaint. Whilst I do acknowledge the frustration the delays have caused Mr X, there is insufficient evidence of fault by the Council due to the exceptional circumstances that have led to the delays.
8. The Council has said that it has now completed its review and can now proceed with its stage two investigation. We will not investigate the substantive issues raised by Mr X in his complaint until the Council’s complaints process has been completed. If Mr X remains dissatisfied with the Council’s final response, he can raise a new complaint with the Ombudsman and ask us to consider this further.

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Final decision

9. We will not investigate Mr X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman