Worcestershire County Council (26 009 087)
The Ombudsman's final decision:
Summary: We have upheld Mrs X’s complaint about delays in the children’s statutory complaints process. The Council agreed to resolve the complaint early by paying Mrs X a symbolic remedy to recognise her injustice and complete its investigation.
The complaint
- Mrs X complains the Council did not complete the statutory complaints process within the statutory timescale. She says the matter caused her distress and frustration.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- If we were to investigate, it is likely we would find fault causing Ms X injustice because:
- Mrs X complained to the Council about these matters. The Council considered the matter under the children’s statutory complaints process.
- Mrs X asked the Council to continue to stage two of the children’s statutory complaints process. The Council agreed to proceed.
- Therefore, to follow statutory timescales, the Council should have completed stage two within 65 working days of Mrs X’s request for escalation by 28 April 2026.
Agreed action
- Within one month of the final decision, the Council will:
- Complete the stage two investigation.
- Inform Mrs X of any appropriate next steps available to her when the stage 2 process is completed.
- Pay Mrs X a symbolic remedy of £100 being £50 per month for each month of delay, and a further £50 per month until she receives the stage 2 decision.
- Pay Mrs X £150 for the frustration and distress caused because of the delay
Final decision
- We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Mrs X.
Investigator's decision on behalf of the Ombudsman