Summary: We are discontinuing our investigation because the complainant has the option to take his complaints to the third stage of the statutory Children Act complaints procedure.

The complaint

1. Mr X complained that the Council continued to delay in progressing his complaints under the statutory Children Act 1989 complaints procedure in that it failed to provide a stage two adjudication letter within the required timeframe. This has caused Mr X avoidable frustration and time and trouble.

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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. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(1), as amended)

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What I have and have not investigated

5. I have not investigated Mr X’s substantive complaint about children services, only that the Council has delayed in providing him with a stage two adjudication.

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How I considered this complaint

6. I considered evidence provided by Mr X as well as relevant law, policy and guidance. I issued a draft decision statement to Mr X and to the Council, and I have taken into account their further comments before reaching my final decision.

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What I found

7. 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. We also published practitioner guidance on the procedures, setting out our expectations.
8. 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. The council should consider these reports and issue an adjudication letter.
9. 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.
10. If a complainant is unhappy with the outcome of the stage two investigation, they can ask for a stage three review by an independent panel within 20 days. The council must hold the panel within 30 working days of the date of request and then issue a final response within 20 working days of the panel hearing.

Facts of this case

11. Mr X complained to us about the delay in starting a stage two investigation. We found fault with the Council’s delay.
12. The Council agreed to commence this investigation. In mid-January 2026, the Council and Mr X agreed the statement of complaints. The investigation should have been completed within 65 days.
13. At the end of April 2026, the Council had not sent its adjudication letter. Mr X complained to us. I asked the Council about progress. At the beginning of June, Mr X received the Council’s adjudication on the complaints and a copy of the IO and IP reports.
14. Mr X knows that, if he is unhappy with the stage two, he should request a stage three panel hearing.

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Decision

15. I recognise that Mr X has had to complain to us twice about the Council’s delays in dealing with his complaints. But he now has an opportunity to ask for a stage three review panel to consider his complaints. Therefore, we are not in a position to consider the complaints.
16. Accordingly, I have decided to discontinue my investigation.
17. If Mr X is dissatisfied with the final decision from the Council after he has completed the statutory complaints process, he can then submit his substantive complaint to the Ombudsman and his concerns about the Council’s delays in dealing with his complaint.

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Investigator's decision on behalf of the Ombudsman