Birmingham City Council (25 024 735)

Category : Children's care services > Other

Decision : Upheld

Decision date : 06 Feb 2026

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s delay in following the statutory complaints procedure. We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a stage three adjudication to Ms X and making a symbolic payment for the injustice caused.

The complaint

  1. Ms X complained the Council has failed to provide a stage three response to her complaint, contrary to the statutory complaints procedure.
  2. Ms X said the delays have caused distress to her and her children.

Back to top

The Ombudsman’s role and powers

  1. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

  1. Ms X made a complaint about children’s services under the statutory complaints procedure. The Council issued a stage two response in July 2025, and Ms X asked the Council to proceed to a stage three adjudication.
  2. If we were to investigate the complaint, it is likely we would find fault. This is because there has been a delay in the Council issuing its stage three adjudication, causing Ms X distress and frustration.
  3. We therefore asked the Council to consider remedying this injustice by issuing its adjudication within a month of our decision, and to make a symbolic payment of £50 for each month of delay.
  4. To its credit, the Council has agreed to resolve the complaint by doing this.

Back to top

Final decision

  1. We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Ms X.

Back to top

Investigator's decision on behalf of the Ombudsman

Print this page

LGO logogram

Review your privacy settings

Required cookies

These cookies enable the website to function properly. You can only disable these by changing your browser preferences, but this will affect how the website performs.

View required cookies

Analytical cookies

Google Analytics cookies help us improve the performance of the website by understanding how visitors use the site.
We recommend you set these 'ON'.

View analytical cookies

In using Google Analytics, we do not collect or store personal information that could identify you (for example your name or address). We do not allow Google to use or share our analytics data. Google has developed a tool to help you opt out of Google Analytics cookies.

Privacy settings