Southend-on-Sea City Council (25 019 845)
The Ombudsman's final decision:
Summary: We uphold this complaint about delay on the Council’s part in completing the statutory procedure for complaints about children’s services matters. It has now offered Mrs X two alternative dates in the near future for a Stage 3 panel to complete the procedure.
The complaint
- Mrs X complains the Council has delayed completion of the third stage of the statutory complaints procedure.
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 must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
- Under the information sharing agreement between the Local Government and Social Care Ombudsman and the Office for Standards in Education, Children’s Services and Skills (Ofsted), we will share this decision with Ofsted.
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
- I have not considered the substantive matter Mrs X complained about. She is welcome to return to us if this matter is not resolved to both parties’ satisfaction by the Council via the third stage of statutory complaints procedure for children’s complaints.
My assessment
- Mrs X made a complaint to the Council about the services provided to her child, which falls to be considered under the statutory procedure for complaints about children’s services. She complained to us because the Council failed to conclude Stage 3 of the procedure within the timetable set out in statutory guidance.
- The evidence shows the Council had not offered Mrs X a date for the third stage panel by December 2025 despite her having requested this in October 2025.
- If we were to investigate it is likely we would find fault causing Mrs X injustice, in that the Council delayed resolution of the matter.
Agreed action
- We invited the Council to offer Mrs X dates for the third stage panel before the end of January 2026.The Council has agreed to resolve the complaint by doing so. It has since offered Mrs X two dates in January 2026.
Final decision
- We have upheld this complaint. The Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Mrs X.
Investigator's decision on behalf of the Ombudsman