Summary: We have upheld Ms X’s complaint about delay in the children’s statutory complaint’s procedure. The Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

The complaint

1. Ms X complains about the actions of the Council’s Children’s Services and failures in the Education, Health and Care needs assessment process for her child. She says despite accepting her complaint at stage two of the statutory children’s complaints procedure in June 2025, the Council has failed to complete a stage two investigation.

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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)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The law sets out a three-stage procedure for councils to follow when looking at complaints about children’s social care services.
6. If a complainant is not happy with a council’s stage one response, they can ask that it is considered at stage two. At this stage of the procedure, councils appoint an investigating officer (IO) to look into the complaint and an independent person (IP) who is responsible for overseeing the investigation and ensuring its independence.
7. Following the investigation, a senior manager (the adjudicating officer) at the council should carry out an adjudication. The adjudicating officer should then write to the complainant with a copy of the investigation report, any report from the independent person and the adjudication response.
8. The whole stage two process should be completed within 25 working days but guidance allows an extension for up to 65 working days where required.
9. Ms X escalated her complaint to stage two in May 2025, which the Council accepted in June 2025. Ms X approached us in January 2026. She said the Council had failed to complete a stage two investigation and the substantive matters remained unresolved.
10. If we were to investigate, it is likely we would find fault causing the complainant injustice, as the Council has accepted it has delayed completing the stage two investigation since June 2025.
11. We therefore asked the Council to consider remedying the injustice caused by its actions. The Council has agreed to our request.

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Agreed action

12. Within 65 working days of the final decision, the Council will complete the stage two investigation of her complaint under the children’s statutory complaints procedure.
13. Within one month of sending the stage two adjudication letter, the Council will calculate and pay Ms X a financial remedy for the distress caused by the delay. This should be calculated at £50 per month of delay (outside the maximum 65 working days timescale) from the date Ms X requested escalation to stage two to the date the Council sends the stage two adjudication letter.

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Final decision

14. We have upheld Ms X’s complaint because 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