Summary: There is fault by the Council because it failed to consider Mrs B’s complaint about post adoption services in accordance with the children’s social care statutory complaints process. The Council has also failed to complete essential work it agreed to as part of its response to her complaint. The Council has agreed to complete the stage two investigation.

The complaint

1. Mrs B complains that the Council failed to provide the agreed post-adoption support services; failed responded to her or complete statutory visits and reviews; and failed to apply for compensation on the children’s behalf.
2. Mrs B also complains that the Council has failed to take the action it agreed in its response to her complaint, and refused to consider her complaint at stage two of its process when she requested this.

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The Ombudsman’s role and powers

3. 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 an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. 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)

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How I considered this complaint

5. I considered the information provided by Mrs B and discussed the issues with her. I considered the Council’s complaints responses. I also considered the law and guidance set out below. Both parties had the opportunity to comment on a draft of this statement. I have taken the comments into account in reaching my final decision.

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What I found

The Children’s social care statutory complaints procedures

6. 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’ (The Guidance), explains councils’ responsibilities in more detail.
7. The first stage of the procedure is local resolution. Councils have up to 20 working days to respond.
8. 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.
9. 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.
10. The Ombudsman published a focus report in 2015 highlighting common failings in the way councils deal with complaints that are within the remit of the children’s statutory procedure. In 2021 further guidance for practitioners was issued setting out our expectations on how statutory complaints should be handled and managed.
11. The Guidance is clear that once a council has accepted a complaint under the statutory process, it is obliged to ensure that the complaints proceed to stage two and three if the complainant requests this. (Getting the Best from Complaints: Social Care Complaints and Representations for Children, Young People and Others, para 3.1.5)

What happened

12. Mrs B is the prospective adoptive parent of two young children placed with her under a court order. The children are ‘looked after’ children meaning they are in the care of the Council.
13. At the end of June 2022, Mrs B complained to the Council that it had not:
• Provided support for the children despite her repeated requests for this. The Council had agreed to complete life story work with the children to help them understand what has happened to them. However, the Council had not done any of this work.
• completed required visits to the children and had not responded to her requests with support with significant behavioural challenges as well as smaller day to day requests such as holiday and medical arrangements.
• Applied to Criminal Injuries Compensation Authority for compensation despite the Council telling her some months earlier that it would.
• Made sure that one of the children had a health review as required by law.
• Arranged school funding to which the children are entitled.
14. In August 2022, The Council responded to Mrs B under its corporate complaints process. It noted that several officers involved with the children no longer worked for the organisation. It upheld most of the complaints and apologised to them for the times they had experienced ‘poor service, lack of communication and endless frustration’. It agreed to complete the life story work by the end of November 2022 and to progress the application for compensation immediately. The Council said that if Mrs B was not satisfied with its stage one complaints response, she should contact the Council’s corporate complaints team to discuss a way forward.
15. In October, Mrs B asked the Council to consider her complaint at stage two of its process. By this time, she had adopted the children. Mrs B explained that she had waited in the hope that matters might improve, but now set out her reasons for complaining further in a detailed letter to the Council. In summary:
• The Council still had not contacted her about the life story work, or provided later life letters as agreed.
• It had acknowledged that visits and support had not been in place but made no proposals for post-adoption support or details of applications to the adoption support fund.
• The Council had not assisted them in applying for compensation for the children.
16. In December, the Council told Mrs B that it would not consider her complaint at stage two of the process because it would not achieve anything further and it had upheld complaints at stage one. The Council told Mrs B that its Children Services Department would contact her about post adoption support.
17. At the end of January 2023, Mrs B complained to the Ombudsman. She says that the Council still had not provided proper support and crucially it still has not completed the life story work, or provided later life letters. Mrs B has explained that she and the children need the support to which they are entitled and without it they continue to struggle with challenging behaviours and distress.

Was there fault by the Council causing injustice to Mrs B and her family?

18. There is fault by the Council. It has acknowledged that it failed to provide the life story work and support required, failed to respond to Mrs B’s contact or to visit the children as required, failed to apply for compensation, and to ensure that a child had the needed health review.
19. However, the Guidance is clear that the Council should have progressed the complaint to stage two of the statutory complaints procedure on Mrs B’s request. Under this process, Mrs B is entitled to an independent investigation at stage two, regardless of the Council’s view that it would not achieve anything more.
20. In any case, the Council when refusing to consider the complaint at stage two should have told Mrs B that she could next complain to the Ombudsman, but it failed to do so.
21. The Council has also failed to take the action agreed in its August complaint response. The life story work has not been completed, nor has progress been made on providing support.
22. The Council’s shortcomings have denied Mrs B and the children their right to redress through the statutory complaints procedures. It is clear that Mrs B’s aim was to access essential ongoing support for the family and that the lack of this is causing distress.

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Agreed action

23. The Council has agreed to:
• consider Mrs B’s complaints at stage two of the statutory process and provide a response within the regulations.
• complete the life story work it agreed to do (regardless of the ongoing complaints investigation).
• Share this decision with relevant staff. Remind staff that eligible complaints should be dealt with in accordance with the Guidance, and that the Council is obliged to ensure that complaints proceed to stages two and three if the complainant wishes to do so.
24. The Council should provide us with evidence it has complied with the above actions within one month of this decision.
25. If Mrs B completes the statutory complaints process but remains dissatisfied, she may then complain to the Ombudsman.

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Final decision

26. I have completed my investigation. There was fault by the Council causing injustice.

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Investigator's decision on behalf of the Ombudsman