Summary: We have upheld Mrs X’s complaint about delay at stage 1 and 3 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

1. Mrs X complains the Council has delayed responding to her complaint at stage 1 and 3 of the children’s statutory complaints procedure. She says the delay has caused frustration and distress.

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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)
3. 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

4. I considered information provided by Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The stage 1 response from the Council was a month late. Mrs X escalated her complaint to stage 3 of the children’s statutory complaints procedure in January 2026 and the Council should have provided its stage 3 response by 30 March 2026.
7. The Council told Mrs X it will send its response at the end of March 2026. However in response to our enquiries the Council said it would not be able to send the response by this date. This is outside of the 65-working day statutory timescale, and the delay is likely to have caused Mrs X frustration and distress.
8. We therefore asked the Council to consider remedying the injustice caused by the delay by issuing its stage 1 and 3 responses and providing a financial remedy to Mrs X in recognition of the distress caused. To its credit the Council agreed to resolve the complaint.

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Agreed action

9. Within one month of the final decision, the Council will:
• Issue its stage 3 complaint response to Mrs X if it has not already done so;
• Pay Mrs X £100 for the frustration and distress caused by the delay. This is calculated at £50 per month of delay, and a further £50 per month for any delay thereafter, until Mrs X receives the stage 3 response.

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Investigator's decision on behalf of the Ombudsman