Cheshire East Council (25 003 674)
The Ombudsman's final decision:
Summary: We will not investigate Miss X’s complaint about delays in the Council completing the stage three review panel under the children statutory complaints procedure. This is because the Council agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.
The complaint
- Miss X complains about delays in the Council completing the stage three review panel under the children statutory complaints procedure.
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 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X first requested the Council consider her complaint at stage three of the children statutory complaint procedure at the end of March 2025. However, the Council said it did not receive the request until early April 2025.
- Taking the April 2025 as the date of request, the Council should have held the stage three review panel within 30 working days. In response to my enquiries, the Council confirmed that Miss X had limited availability and that it had worked to ensure it found a date that suited Miss X.
- To date, the review panel meeting is still outstanding and so there has been a delay of around one month. I am satisfied the ongoing delay will be causing Miss X some frustration.
- I acknowledge the cancellation of the first arranged review meeting was not within the Council’s control. However, the second cancellation was due to the Council not being able to send a senior manager to attend the meeting.
- I therefore asked the Council to consider remedying the injustice caused by completing the following:
- Hold the stage three review panel meeting as soon as possible, and within four weeks of the final decision.
- The Council confirmed it had rescheduled the stage three review panel meeting for mid-June.
Agreed action
- The Council agreed to resolve the complaint and will complete the above within four weeks of the final decision.
Final decision
- We have upheld this complaint because the Council agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.
Investigator's decision on behalf of the Ombudsman