Summary: We have upheld this complaint about a delay in completing the children’s statutory complaints process. The Council has now agreed to progress the complaint under the statutory procedure promptly and consider an appropriate remedy for the delay. This provides a proportionate remedy for the injustice caused so we are satisfied with the actions the Council has agreed to take.

The complaint

1. Ms Y complains the Council has failed to progress her complaint through Stage two of the children’s statutory complaints procedure within a reasonable time. Ms Y also says this has led to delay, continued distress and uncertainty and her concerns remaining unresolved.

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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) 

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How I considered this complaint

3. I considered information Ms Y and the Council provided and the Ombudsman’s Assessment Code.

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My assessment

4. If we were to investigate it is likely we would find fault causing the complainant injustice because there have been delays in the handling of the complaint. The entire stage two should take no more than 65 working days.
5. The request for a Stage 2 response was made by Ms Y on 13 March 2025. This was acknowledged by the Council on 18 March 2025, nearly 18 months ago. A response was due by 12 June 2025. This time has now past without the conclusion of the stage two complaint process, and this would likely lead to a finding of fault.
6. We therefore asked the Council to consider how it could end the delay in its stage two statutory complaint process, ensuring it took account of the above factors in reaching its decision. 

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Agreed Action

7. To its credit the Council has agreed to resolve the complaint. It has agreed to:
• Provide Ms Y with the Council’s stage two response within one month of the final decision;
• Inform Ms Y of her right to complain to the Ombudsman after completing stage three of the statutory complaint process;
• Consider and provide an appropriate remedy for the delay at stage two of the statutory complaints procedure, we would suggest £50 per month of delay, once the stage three is concluded or when Ms Y says she does not wish to progress the complaint on to stage three.
8. The Council should provide us with evidence that the above recommendation has been completed. 

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Final decision

9. We will not investigate Ms Y’s complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Ms Y.

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Investigator's decision on behalf of the Ombudsman