Durham County Council (25 008 812)
The Ombudsman's final decision:
Summary: We have upheld Mrs X’s complaint about delay at stage two of the children’s statutory complaints procedure. The Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.
The complaint
- Mrs X complains the Council has delayed responding to her complaint at stage two of the children’s statutory complaints procedure. She says the delay has caused frustration and 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 has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
- Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).
How I considered this complaint
- I considered information provided by Mrs X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X escalated her complaint to stage two of the children’s statutory complaints procedure in July 2025. The Council should have provided its stage two response by November 2025, but has told Mrs X it will not be in a position to issue its response until the end of February 2026. This is outside of the 65-working day statutory timescale, and the delay is likely to have caused Mrs X frustration and distress.
- We therefore asked the Council to consider remedying the injustice caused by the delay by issuing its stage two response and providing a financial remedy to Mrs X in recognition of the distress caused. To its credit the Council agreed to resolve the complaint.
Agreed action
- Within one month of the final decision, the Council will:
- Issue its stage two complaint response to Mrs X.
- Pay Mrs X £200 for the frustration and distress caused by the delay. This was calculated at £50 per month of delay.
Final decision
- We have upheld Mrs X’s complaint. The Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.
Investigator's decision on behalf of the Ombudsman