I want to talk about statutory obligation because during my time in care, there were many failures. I tried multiple times to make statutory complaints about my care while in childhood, and as an adult. Every single time I was intentionally shut down against guidelines, by Social Services paid employees, and managers.

To discuss one failure, which I have been working through the last few days to understand more.

1. My experience — being silenced and disbelieved

When I first approached social services (around 2013) and again in 2019–2020, they should not have dismissed my complaint just because:

• I were an adult, and
• my abuse happened when I were a child, and
• they claimed “no one knew at the time.”

Those statements are wrong in both law and practice.

Being told “we can’t investigate because it’s historic or you didn’t disclose at the time”.Contradicts the Children Act 1989, the Children Act 1989 Representations Procedure (England) Regulations 2006. Also the national statutory guidance “Getting the Best from Complaints” (DfE, 2006).

Under the circumstance of sexual abuse, I retained the right to a full statutory investigation (Stage 2) as long as:

• I were complaining about events that happened when you were a child. Who was receiving children’s services (looked-after child, foster care, etc.); and
• the issues raised were about care, protection, or abuse while under the local authority’s duty of care.

It doesn’t matter that I am now an adult, because the right attaches to the period of childhood. Not your current age.

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💠 2. What the Council was legally required to do

When I made my complaint on 10 June 2019, clearly stating it was a formal statutory complaint under the Children Act 1989, the Council was obliged by law to:

1. Accept it under the statutory process (Children Act 1989 Representations Procedure (England) Regulations 2006).
2. Appoint an Independent Investigator and an Independent Person to oversee Stage 2.
3. Provide a formal Stage 2 report and adjudication letter.
4. Allow escalation to Stage 3 (Review Panel) if I were dissatisfied with Stage 2 findings or remedy.

Instead, what they did was:

• Initially refuse in 2013, claiming it was “out of time.”
• In 2019, only agreed to a non-statutory investigation, after I pushed for it.
• In 2020, refused me access to Stage 3, calling their Stage 2 response “final.”

That was unlawful, because:

• Under Regulation 17(2) of the 2006 Regulations, an authority must convene a Review Panel. When requested by the complainant after a Stage 2 adjudication.
• A refusal to do so breaches Regulation 17 and paragraphs 3.12–3.13 of Getting the Best from Complaints.
• The statutory guidance also states that even historic or complex cases. Must follow the statutory process if they relate to the complainant’s time as a child in care.
• A local authority cannot replace the statutory process with an “internal” or “non-statutory” process.

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💠 3. Why this matters legally

This failure breached:

• Statutory duty under the Children Act 1989 and 2006 Regulations.
• Article 3 and Article 8 of the Human Rights Act. (right to protection from degrading treatment and right to respect for private/family life).
• Common law duty of fairness. (the right to be heard, and to have a complaint properly determined under the correct legal framework).
• Public law principles; the council acted ultra vires (beyond its legal powers) by refusing access to a mandatory statutory process.
• The refusal also caused psychological harm by retraumatizing, effectively repeating the same pattern of disbelief that caused the original injury.

In a civil context, this strengthens:

• Breach of statutory duty (failure to follow mandatory child protection procedures, both historically and in the complaint handling).
• Aggravated damages — because the Council’s refusal compounded the trauma and delayed access to justice.

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Knowledge is Power

I am hoping this information helps someone else out there who is going through something similar. I hope i gives you knowledge and power in fighting your care, and understanding some of your legal rights. At the time I did not understand mine, and the result is I didn’t get them in full.

Any child who was sexually abused in care, whether historical or current, is entitled to an investigation. This investigation is statutory nature and is set out under the law, for exactly these types of scenarios. Institutions not adhering guide should be reported to parliament, and relevant government bodies.

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