Summary: We will not investigate this complaint about delay in the children’s statutory complaints procedure. There is insufficient evidence of fault to warrant an investigation.

The complaint

1. Ms X complains about delay at stage two of the children’s statutory complaints procedure. She says this has left her grandchild without the support they need.

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The Ombudsman’s role and powers

2. 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 there is not enough evidence of fault to justify investigating.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant.
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. The accompanying statutory guidance, ‘Getting the Best from Complaints’, explains councils’ responsibilities in more detail.
6. Stage two of the process is an independent investigation overseen by an independent person. The whole stage two process should be completed within a maximum of 65 working days. The guidance states where there is an amendment to the complaint statement during the process, the stage two timescale will start from the date the complaint is finalised.
7. Ms X escalated her complaint to stage two in December 2025. Following discussion with Ms X, the Council amended the complaint statement at the end of February 2026. It reset the statutory timescale to start from this date. It has told her it aims to complete the stage two investigation by the end of May 2026, 65 working days from the amended date.
8. We will not investigate this complaint. Although more than 65 working days has passed since Ms X first escalated her complaint, the law allows a council to re-set the statutory timescale, when there is an amendment to the complaint statement. There is insufficient evidence of fault to warrant an investigation.

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Final decision

9. We will not investigate Ms X’s complaint because there is insufficient evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman