London Borough of Havering (25 031 481)
The Ombudsman's final decision:
Summary: We have upheld Mr X’s complaint about delay at stage 2 of the children’s statutory complaints procedure. The Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.
The complaint
- We have upheld Mr X’s complaint about delay at stage 2 of the children’s statutory complaints procedure. The Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.
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 Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X escalated his complaint to stage 2 of the children’s statutory complaints procedure on 2 December 2025 and the Council should have provided its stage 2 response by 3 March 2026.
- In response to our enquiries the Council said it would not be able to say when the stage 2 investigation will commence due to capacity of Independent Person’s and Independent Investigator’s. This is outside of the 65-working day statutory timescale, and the delay is likely to have caused Mr X frustration and distress.
- We therefore asked the Council to consider remedying the injustice caused by the delay by issuing its stage 2 response and to provide a financial remedy to Mr X in recognition of the distress caused. To its credit the Council agreed to resolve the complaint.
Agreed action
- Within one month of the final decision, the Council will:
- Begin the stage 2 investigation, and complete the relevant stage within the relevant timescales;
- Essure Mr X is given appropriate information about the next steps available to him including the stage 3 panel when the stage 2 process has been completed;
- Pay Mr X £150 for the frustration and distress caused by the delay;
- Pay Mr X a symbolic remedy of £150 being £50 per month for each month of delay, and a further £50 per month until he receives the stage 2 decision.
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