London Borough of Lambeth (25 017 192)
Category : Children's care services > Disabled children
Decision : Upheld
Decision date : 20 Apr 2026
The Ombudsman's final decision:
Summary: We have upheld Ms X’s complaint because the Council has not followed the statutory complaint process correctly. The Council has agreed to reconsider its adjudication.
The complaint
- Ms X complains the Council disputed the complaint panel’s findings and did not follow its recommendations.
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 must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy (Local Government Act 1974, sections 26(1) and 26A(1), as amended).
- If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), 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 this complaint, it is likely we would find the Council at fault. The Council wrote an adjudication in response to Ms X’s complaint stating it disagreed with the panel’s findings. The regulations do not allow a council to dispute a panel’s findings.
- We asked the Council to consider resolving the complaint early by reconsidering its adjudication in line with its legal duties. It will send Ms X a fresh adjudication within one month of this decision.
Agreed Action
- To its credit, the Council agreed to resolve the complaint by taking the action set out above.
Final decision
- We have upheld this complaint. The Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Ms X.
Investigator's decision on behalf of the Ombudsman