Summary: We upheld Mr X’s complaint about delays in the children’s statutory complaints process. The Council agreed to resolve the complaint early by apologising, paying Mr X £500, and completing stage 3 of the children’s statutory complaints process.

The complaint

1. Mr X complained the Council failed to complete the children’s statutory complains process in line with the statutory timescales.
2. Mr X said the matter caused him frustration and uncertainty.

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The Ombudsman’s role and powers

3. 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).
4. 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

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. If we were to investigate it is likely we would find fault causing the complainant injustice because:
• Mr X complained to the Council about matters falling under the purview of the children’s statutory complaints process.
• Mr X asked the Council to proceed to stage 3 of the children’s statutory complaints process in early January 2024. The Council agreed to proceed.
• Therefore, to comply with the statutory timescales, the Council should have organised a stage 3 panel within 20 working days of the request – by late January 2024. The Council has not yet held a stage 3 panel.
• The Council should then have sent a director’s adjudication letter to Mr X within 30 working days of the stage 3 panel.

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Agreed actions

8. Within 50 days working days of our final decision, the Council agreed to:
• complete stage 3 of the children’s statutory complaints process – both the stage 3 panel and the director’s stage 3 adjudication letter.
9. Within one month of our final decision, the Council agreed to:
• write to Mr X and apologise for the frustration and uncertainty caused by the delay in the children’s statutory complaints process; and
• pay Mr X a symbolic payment of £500 to acknowledge the frustration and uncertainty caused by the delay in the children’s statutory complaints process.

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Final decision

10. We upheld Mr 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.

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Investigator's decision on behalf of the Ombudsman