Summary: We have upheld Ms 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

1. We have upheld Ms 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.

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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)
3. Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).

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How I considered this complaint

4. I considered information provided by Ms X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X escalated her complaint to stage 2 of the children’s statutory complaints procedure on 19 January 2026 and the Council should have provided its stage 2 response by 20 April 2026.
7. In response to our enquiries the Council said it would not be able to send the response by this date due to the Independent Person and Independent Investigator being on annual leave throughout May. This is outside of the 65-working day statutory timescale, and the delay is likely to have caused Ms X frustration and distress.
8. 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 Ms X in recognition of the distress caused. To its credit the Council agreed to resolve the complaint.

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Agreed action

9. Within one month of the final decision, the Council will:
• Pay Ms X £150 for the frustration and distress caused by the delay;
10. Within two months of the final decision the Council will:
• Send Ms X the stage 2 response;
• Pay Ms X £50 per month for each month of delay, totaling £100.

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Investigator's decision on behalf of the Ombudsman