Summary: We have upheld Mr 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

1. Mr X complains the Council delayed its response to stage two of his children’s statutory complaint.

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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 Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X escalated his complaint to stage two of the children’s statutory complaints procedure on 21 January 2026 but the statement of complaint was not agreed until 27 April 2026.
7. In response to our enquiries the Council said the delay was due to the withdrawal of the investigation team and the need to reallocate. It said the investigation was currently in progress and it would aim to provide the stage two response by 15 June 2026.
8. If we investigated this complaint it is likely we would find the Council at fault because this is outside of the 65-working day statutory timescale. The delay is likely to have caused Mr X frustration and distress.
9. We therefore asked the Council to consider remedying the injustice caused by carrying out the following actions within one month of the final decision:
• Send Mr X the stage two response;
• Ensure Mr X is given appropriate information about the next steps available to him including the stage three panel when the stage two process has been completed;
• Pay Mr X a symbolic remedy for frustration and distress of £100, being £50 per month for each month of delay.

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Agreed action

10. To its credit the Council agreed to resolve the complaint and it will complete the actions at paragraph 9 within one month, to put things right.

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Final decision

11. We have upheld Mr X’s complaint. The Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

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Investigator's decision on behalf of the Ombudsman