Summary: We have upheld this complaint about the Council’s delay in following the statutory children’s complaint procedure but will not investigate it further. This is because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

The complaint

1. Miss X complains that the Council has not provided her a stage two complaint response under the children’s statutory complaint procedure within required timescales.
2. Miss X says this has caused her significant distress and anxiety. She says the ongoing uncertainty of the investigation is preventing her from being able to move on. Miss X wants the Council to apologise, provide her a definitive deadline for which it will give her a response and consider a financial remedy.

Back to top

The Ombudsman’s role and powers

3. 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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Miss X escalated her complaint to stage two of the statutory children’s procedure April 2026. She said she made this complaint in writing, but we did not see evidence of this. A statement of complaint was agreed at the end of May 2026. This started the Council’s 65 working-day response window. The Council was due to respond to Miss X in August 2026.
7. The Council’s provided its stage two response to Miss X in September 2026. This was a delay that would have likely led to a finding of fault if investigated further.
8. We invited the Council to remedy any injustice caused to Miss X by delay. To its credit, it has agreed to do so.

Back to top

Agreed actions

• Pay Miss X a symbolic payment of £50 for distress caused by administrative delay.

Back to top

Final decision

9. We have upheld this complaint about the Councils delay in administering the statutory children’s complaint procedure but will not investigate it further. This is because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

Back to top

Investigator's decision on behalf of the Ombudsman