Summary: We upheld Ms X’s complaint about the Council’s delay in completing its children’s statutory complaints procedure within timescales.

The complaint

1. Ms X complained the Council failed to provide a response to her within timescales laid out for the children’s statutory complaints procedure.
2. Ms X complained the Council failed to increase support for her disabled child, Y. She said its delay in response to her complaint affected her ability to cope as a carer and impacted her mental health.
3. Ms X said she wanted the Council to provide a response.

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The Ombudsman’s role and powers

4. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. 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 s34H(1), as amended)
5. 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

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

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My assessment

8. If we investigated this complaint, we would likely find fault because:
• Ms X complained to the Council about its lack of timely support and assessment of her child Y’s needs and additional care support after surgery.
• The Council responded to Ms X’s complaint however, to meet the requirements of the statutory timescale it should have responded towards the end of April 2026 but it responded at the start of June 2026.
• In response to recommendations made as an outcome of the Council’s Investigation, it agreed to provide Ms X with a written apology for its delays in assessment and support. It also agreed to a number of service improvements and learning within its Children with Disability service.
• The Council also agreed to pay a sum of £400 in recognition of the distress and uncertainty caused by its delay in the provision of support to Ms X’s child Y. This is an appropriate remedy for the injustice caused.
• For the delay in completing the children’s statutory complaints process we asked the Council to consider making an additional remedial payment of £50.

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Agreed Action

9. Within one month of the final decision the Council agreed to:
• write to Ms X and apologise for the frustration and uncertainty caused by the delay in its assessment and support of Y, as well as the delays in the complaints process;
• pay Ms X a symbolic payment of £400 to acknowledge the frustration and uncertainty caused by the delay in completing the Child and Family assessment as well as the time and trouble Ms X took in pursuing her complaint; and
• pay Ms X a further £50 in addition to the £400 for delays in the complaints process.

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Final decision

10. We upheld this complaint because the Council agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Ms X.

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Investigator's decision on behalf of the Ombudsman