The Ombudsman's final decision
Summary: We have upheld Mr X’s complaint about delay at stage two of the children’s statutory complaints procedure. The Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.
The complaint
Mr X complains the Council has delayed responding to his complaint at stage two of the children’s statutory complaints procedure. He says the delay has caused frustration and distress.
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 an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended) Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X escalated his complaint to stage two of the children’s statutory complaints procedure and the Council should have provided its stage two response by December 2025, but told Mr X it will send its response at the end of February 2026. This is outside of the 65-working day statutory timescale, and the delay is likely to have caused Mr X frustration and distress.
We therefore asked the Council to consider remedying the injustice caused by the delay by issuing its stage two response and providing a financial remedy to Mr X in recognition of the distress caused. To its credit the Council agreed to resolve the complaint.
Agreed action
Within one month of the final decision, the Council will: Issue its stage two complaint response to Mr X if it has not already done so; Pay Mr X £150 for the frustration and distress caused by the delay. This was calculated at £50 per month of delay.
Final decision
We have upheld Mr X’s complaint. The Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.
Investigator's decision on behalf of the Ombudsman