London Borough of Waltham Forest (26 009 833)
The Ombudsman's final decision:
Summary: We have upheld Mr Y’s complaint about the Council’s delay in considering his complaints under the statutory procedure for children’s social care. 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.
The complaint
- Mr Y complains the Council has failed to progress his complaint to a Stage 3 Review Panel within a reasonable time and have failed to communicate with him effectively during this time.
- Mr Y says this has caused delay, continued distress and led to his concerns remaining unresolved. He also feels he has suffered due to the continued uncertainty, frustration and anxiety caused. He also feels the delay has contributed to the breakdown of his relationship with his child.
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 the complainant injustice because there have been delays in the handling of the complaint. The request was made by Mr Y for a stage three response in March 2026. He was last updated on the progress of his complaint, nearly 6 months ago.
- A stage three panel should be held within 30 working days of the complainant’s request and a after the hearing, a relevant director should consider the panel’s findings and issue the Council’s adjudication within 20 working days. This time has now past without the conclusion of the stage three complaint process, and this would likely lead to a finding of fault. The Council has also agreed that communication with Mr Y during this time has been poor.
- We therefore asked the Council to consider how it could end the delay in its stage three statutory complaint process and improve its communication with Mr Y, ensuring it took account of the above factors in reaching its decision.
Agreed action
- To its credit the Council has agreed to resolve the complaint. It has agreed to:
- Hold a stage three panel within one month of the final decision;
- Provide Mr Y with the Council’s stage three adjudication within 20 working days of the panel hearing;
- Inform Mr Y of his right to complain to the Ombudsman after completing stage three of the statutory complaint process; and
- Consider and provide an appropriate remedy for the delay at stage three of the statutory complaints procedure, we would suggest £50 per month of delay, once the stage three is concluded.
- The Council should provide us with evidence that the above recommendation has been completed.
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 Mr Y.
Investigator's decision on behalf of the Ombudsman