Summary: We will not investigate Mr X’s complaint the Council failed to respond to their stage two complaint under the children statutory complaint procedure within the required timescales. This is because the Council has provided a proportionate remedy for the injustice caused.

The complaint

1. Mr X complains the Council failed to respond to their stage two complaint under the children statutory complaint procedure within the required timescales.

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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

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X and his partner raised his stage two complaint in October 2024.
6. If we were to investigate, it is likely we would find fault causing the complainant injustice. This is because the Council should have completed the stage two process within 65 working days from the point the stage two was requested. This was the end of January 2025.
7. At the point Mr X complained to us, the Council had not yet completed the stage two process. The Council told Mr X it intended to complete its stage two investigation by the end of March 2025. This brings the total delay to around two months.
8. We therefore invited the Council to remedy the frustration caused by the delay by making a symbolic financial payment of £50 per month, a total of £100.
9. In response to our invite to remedy, the Council confirmed it had concluded the stage two process and that the stage two investigator and independent person report, and its adjudication response had been issued to Mr X and his partner.
10. The Council said as part of its adjudication, it had offered a financial remedy of £300 to recognise the delay with its handling of the stage two complaint. This is a satisfactory remedy, and I note is more than what I had recommended.

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Final decision

11. We have upheld this complaint because we are likely to find fault and the Council has provided a proportionate remedy for the injustice caused.

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Investigator's decision on behalf of the Ombudsman