Summary: We have upheld this complaint because the Council was at fault in delaying its response under the statutory process for complaints about children’s services. The Council has agreed to resolve the matter by providing a suitable remedy for the injustice the complainant has been caused.

The complaint

1. Mr X complains that the Council has delayed responding to his complaint, and that of his mother, who I will refer to as Mrs X, at Stage 2 of the statutory process for complaints about children’s services.

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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 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 an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. Under our information sharing agreement, we will share the final 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 the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The evidence indicates that the Council acknowledged receipt of Mr X’s Stage 2 complaint in May 2021, and the Investigating Officer was appointed by July. Mrs X made a complaint which the Council added to Mr X’s complaint in February 2022, with the intention that the Stage 2 report and adjudication would address both. Stage 2 has not yet concluded.
7. If we investigated this complaint, it is likely we would find fault on the Council’s part, causing injustice to Mr X and Mrs X by delaying the resolution of their complaints.

Agreed action

8. We therefore asked the Council to resolve the complaint by:

• within one month of this decision, concluding Stage 2 of the statutory process by issuing the adjudication letter, providing the complainants with their rights to escalate the complaints to Stage 3; and

• offering to make payments of £500 to Mr X and £250 to Mrs X.

9. To its credit, the Council has agreed to take the action we proposed.

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Final decision

10. We have upheld this complaint because the Council has agreed to resolve the matter by providing a proportionate remedy for the injustice caused to Mr X and Mrs X.

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Investigator's decision on behalf of the Ombudsman