Summary: We have discontinued our investigation into Council delays handling Miss X’s statutory children’s complaint. This is because the Council issued its complaint response and took action to remedy the injustice caused by the delay.

The complaint

1. Miss X complained the Council delayed responding to her stage two statutory children’s complaint. She said the Council kept telling her when it would respond but changed the dates and then failed to respond. Miss X said this caused distress and frustration.

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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)

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How I considered this complaint

3. I considered the information and documents provided by Miss X and the Council. I considered the Ombudsman’s published guidance on remedies.

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What I found

What should have happened

4. The law sets out a three-stage procedure for councils to follow when looking at complaints about children’s social care services. The accompanying statutory guidance, ‘Getting the Best from Complaints’, explains councils’ responsibilities in more detail. We also published practitioner guidance on the procedures, setting out our expectations.
5. If a complainant is not happy with a council’s stage one response, they can ask that it is considered at stage two. The whole stage two process should be completed within 25 working days but guidance allows an extension for up to 65 working days where required.

What happened

6. Miss X complained about a special guardianship order. The Council responded at stage one.
7. In mid-2025, Miss X asked for stage two.
8. In November, Miss X complained to the Ombudsman.
9. The Council sent its stage two response in January 2026.

Analysis

10. Since we received Miss X’s complaint the Council has issued its stage two response, signposted Miss X to stage three, apologised to Miss X, and arranged a payment of £250 to remedy the unnecessary and avoidable frustration and distress (injustice) caused by the delay.
11. As I have said above, we may decide to discontinue an investigation if we are satisfied with the actions an organisation has taken or proposes to take. I have considered our guidance on remedies. In this case, I find the Council’s apology and offer of £250 are appropriate and proportionate remedies for the level of injustice caused.
12. Further investigation would not achieve a worthwhile outcome. For this reason, I have discontinued my investigation into this complaint.

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Decision

13. I have discontinued my investigation because the Council has remedied the injustice.

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Investigator's decision on behalf of the Ombudsman