Kent County Council (25 020 924)

Category : Children's care services > Other

Decision : Upheld

Decision date : 31 Aug 2026

The Ombudsman's final decision:

Summary: We will not investigate this complaint about delay in the Council’s handling of a complaint about child protection. The Council has agreed to make a symbolic payment to Mr X and complete the complaint process without further delay. We consider this to be a suitable resolution.

The complaint

  1. Mr X complains the Council has not properly included him in, or kept him informed about, safeguarding processes involving his child. Mr X also says the Council has not dealt with his complaint properly and has taken too long to progress it through the children’s services statutory complaints process. Mr X says he has experienced distress and uncertainty and has not been able to keep his child safe.

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The Ombudsman’s role and powers

  1. 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 significant injustice we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
  2. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and s34H(1), as amended)

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.
  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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My assessment

  1. If we investigated the part of Mr X’s complaint about the Council’s complaint-handling it is likely we would find the Council at fault. This is because the Council accepts it has taken longer than the maximum 65 days allowed in the statutory guidance.
  2. To resolve this part of Mr X’s complaint early we therefore asked the Council to consider remedying the injustice caused by its delay by:
      1. completing Stage 2 without any further undue delay;
      2. paying Mr X £50 per full month of delay from the date Stage 2 should have been completed (20 March 2026) until the date it agreed to our proposed resolution (27 August 2026), which is £250; and
      3. paying Mr X an additional £50 per full month of ongoing delay, up to a maximum of six months, calculated from the day it agreed to our proposed resolution (27 August 2026); until the date the Council sends its Stage 2 adjudication letter.
  3. At this stage, I have only considered the complaint-handling problem. I have not considered the underlying matters Mr X complained to the Council about. Once the Council has finished dealing with Mr X’s complaint he can come back to us if he is not satisfied with the result or still believes the Council made mistakes when handling it.

Agreed action

  1. To its credit the Council agreed to resolve the complaint by taking the steps in paragraph 7. I invite the Council to make the payment agreed at point b) within one month of today.

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Final decision

  1. We have upheld this part of Mr X’s complaint because the Council has agreed to resolve it early by providing a proportionate remedy for the injustice caused to Mr X.

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Investigator's decision on behalf of the Ombudsman

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