Gateshead Metropolitan Borough Council (25 013 481)
Category : Children's care services > Child protection
Decision : Upheld
Decision date : 21 Nov 2025
The Ombudsman's final decision:
Summary: We upheld Miss X’s complaint about delays in the children’s statutory complaints process. The Council agreed to resolve the complaint early by apologising, paying Miss X a symbolic financial remedy, and completing stage two of the children’s statutory complaints process.
The complaint
- Miss X complained the Council failed to complete stage two of the children’s statutory complaints process within the statutory timescales. Miss X said the matter caused her distress and frustration.
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 proposes to take. (Local Government Act 1974, section 24A(7), as amended).
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 the complainant injustice because:
- Miss X complained to the Council about matters falling under the purview of the children’s statutory complaints process;
- Miss X says she asked the Council to proceed to stage two of the Children’s statutory complaints process on 9 January 2025. The Council agreed to proceed; and
- therefore, to comply with the statutory timescales, the Council should have completed stage two investigation – by 10 April 2025. The Council has not yet completed the process. This means the delay has now exceeded seven months.
Agreed actions
- Within 65 working days of our final decision, the Council agreed to:
- complete stage two of the children’s statutory complaints process; and
- When the Council issues it’s stage two adjudication, the Council agreed to:
- pay Miss X a symbolic payment, for each month of delay, to the amount of £50 per month from 10 April 2025.
Final decision
- We upheld Miss X’s complaint. The Council agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused and to complete the next stage of the children’s statutory complaints process.
Investigator's decision on behalf of the Ombudsman