Summary: We upheld Miss 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 remedy to recognise her injustice and complete its investigation.

The complaint

1. Miss X complained the Council did not complete stage two of the children’s statutory complaints process within the statutory timescales.
2. Miss X said this caused her 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 Miss X 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:

• Miss X complained to the Council about matters falling under the children’s statutory complaints process.
• Miss X asked the Council to continue to stage two of the children’s statutory complaints process in May 2025. The Council agreed to proceed.
• Therefore, to follow statutory timescales, the Council should have completed stage two within 65 working days of Miss X’s request for escalation.
• The Council did not follow this timescale but has now started the stage two complaint investigation.

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Agreed actions

8. Within 65 working days of our final decision, the Council agreed to complete stage two of the statutory children’s complaints process, including adjudication.
9. Within one month of our final decision, the Council agreed to pay Miss X a symbolic payment of £50 per month for each month of delay to recognise the frustration and uncertainty caused by the delay in the children’s statutory complaints process.

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Final decision

10. We upheld Miss 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