The Ombudsman's final decision
Summary: We have upheld Miss X’s complaint about delays in the children’s statutory complaints process. The Council agreed to resolve the complaint early by paying Miss X a symbolic remedy to recognise her injustice and complete its investigation.
The complaint
Miss X complains the Council did not complete Stage Two of the statutory children’s services complaints process within the appropriate timescale. She says the matter caused her distress, uncertainty and practical difficulties regarding her child’s care.
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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
If we were to investigate, it is likely we would find fault causing Miss X injustice. Miss X’s complaint to the council fell to be considered under the children’s statutory complaints process, under which it should have completed Stage Two of the procedure by 13 August 2026. It has not done so, and it seems likely to miss the date by some time.
Agreed action
We therefore asked the Council to pay Miss X £100 for each month from the end of the third month after she submitted the Stage Two complaint, continuing until she receives the Stage Two decision, up to a maximum of six months. To its credit, the Council has agreed to take the action we asked for.
Final decision
We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Miss X.
Investigator's decision on behalf of the Ombudsman