Somerset Council (25 024 065)
The Ombudsman's final decision:
Summary: We have upheld Mr X’s complaint about the Council’s handling of his case during the children’s statutory complaints process. The Council agreed to resolve the complaint early by apologising and paying Mr X a symbolic remedy to recognise his injustice.
The complaint
- Mr X complains about the lack of investigation into his complaint. He says the Council’s handling of the complaint has had a significant and distressing impact on his family. He says no meaningful action has been taken to properly investigate or resolve his complaint. Mr X wants the Council to review and improve its complaints process.
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 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).
- Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- If we investigated this complaint, it is likely we would find fault causing Mr X injustice because:
- Mr X complained to the Council in July 2025 about concerns regarding a child and family assessment the Council had completed and the Council issued a stage one response the following month;
- Mr X made a new complaint and a further stage one response was issued in October 2025;
- Mr X requested to escalate his complaint, but the Council declined to December 2025. Mr X provided some further information and the Council agreed to consider this; and
- the Council completed its stage two investigation by August 2026. Therefore, to follow statutory timescales, the Council should have completed stage two within 65 working days of Mr X’s request for escalation.
- We therefore asked the Council to consider remedying the injustice caused to Mr X by the delays.
Agreed action
- Within four weeks of our final decision the Council agreed to:
- write to Mr X and apologise for the frustration caused by the delay; and
- pay Mr X a symbolic payment of £250.
Final decision
- 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.
Investigator's decision on behalf of the Ombudsman