East Riding of Yorkshire Council (25 007 085)
The Ombudsman's final decision:
Summary: We upheld Mrs X’s complaint about delays in the children’s statutory complaints process. The Council agreed to resolve the complaint early by paying Miss X a symbolic financial remedy, and completing Stage Three of the children’s statutory complaints process
The complaint
- Mrs X complains about delay in the Council’s handling of her statutory children’s services complaint. She said the Council failed to meet the Stage One and Stage Two deadlines. Miss X said this caused her distress.
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 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
- If we were to investigate it is likely we would find fault causing the complainant injustice because:
- Mrs X complained to the Council about matters falling under the children’s statutory complaints’ process;
- Mrs X says she asked the Council to proceed to Stage One of the Children’s statutory complaints’ process in July 2024. The Council agreed to proceed; and
- to comply with the statutory timescales, the Council should have completed Stage One investigation within 20 working days at the latest. The Council completed Stage One at the end of January 2025. This meant there was a delay of six months.
- Mrs X also says she asked the Council to proceed to Stage Two of the Children’s statutory complaints process in February 2025. The Council agreed to proceed.
- To comply with the statutory timescales, the Council should have completed Stage Two investigation within 65 working days at the latest. However, the Council completed this in December 2025. This meant there was a delay of 6 months.
Agreed actions
- Within 50 working days of our final decision, the Council agreed to:
- complete Stage Three of the children’s statutory complaints’ process; and
- Within 28 working days, the Council agreed to:
- pay Mrs X a symbolic financial remedy, for each month of delay, amounting to £600 for the Stage One and Stage Two delays.
Final decision
- We upheld Mrs 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.
Investigator's decision on behalf of the Ombudsman