Summary: We have upheld Mr X’s complaint about delay at stage 2 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

1. Mr X complains the Council has delayed responding to his complaint at stage 2 of the children’s statutory complaints procedure. He says the delay has caused frustration and distress.

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The Ombudsman’s role and powers

2. 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)
3. Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X escalated his complaint to stage 2 of the children’s statutory complaints procedure in December 2025 and the Council should have provided its stage 2 response by 13 March 2026.
7. In response to our enquiries the Council said it was still waiting allocation to an Independent Person and could not say when the stage 2 response would be issued.
8. This is outside of the 65-working day statutory timescale, and the delay is likely to have caused Mr X frustration and distress.
9. We therefore asked the Council to consider remedying the injustice caused by the delay by issuing its stage 2 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.

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Agreed action

10. Within one month of the final decision, the Council will:
• Issue its stage 2 complaint response to Mr X if it has not already done so;
• Pay Mr X £150 for the frustration and distress caused as a result of the delay;
• Pay Mr X £50 per month for the delay, and a further £50 per month for any delay thereafter, until Mr X receives the stage 2 response.

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Final decision

11. 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.

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Investigator's decision on behalf of the Ombudsman