Summary: We have upheld Mr X’s complaint because the Council delayed considering his complaint at stage two 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 to Mr X.

The complaint

1. Mr X complains that the Council delayed considering his complaint at stage two of the statutory children’s complaints procedure.

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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).
4. 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)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X escalated his complaint to stage two of the statutory complaints procedure in late November 2025 but did not receive a response so complained to the Ombudsman.
8. If we were to investigate this complaint, it is likely we would find fault. This is because there has been a delay in the Council issuing a stage two response, causing Mr X distress in the form of uncertainty and frustration.
9. We therefore asked the Council to issue the stage two response within one month and, within the same timeframe, apologise to Mr X for the delay and pay him £150 to remedy the injustice this caused. To its credit, the Council agreed.
10. The Council has recently issued its stage two response, but Mr X is unhappy with the contents. For us to consider the issues raised in his complaint, he will first need to exhaust the complaints process with the Council. He may ask us to investigate once he receives a final response.

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Final decision

11. We have upheld this complaint. The Council has agreed to resolve the complaint early by providing an appropriate remedy.

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Investigator's decision on behalf of the Ombudsman