Birmingham City Council (25 024 735)
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
- Ms X complained the Council has failed to provide a stage three response to her complaint, contrary to the statutory complaints procedure.
- Ms X said the delays have caused distress to her and her children.
The Ombudsman’s role and powers
- 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))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- 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.
- 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.
- 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.
- To its credit, the Council has agreed to resolve the complaint by doing this.
Final decision
- 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.
Investigator's decision on behalf of the Ombudsman