Summary: We have upheld this complaint about a children’s statutory complaints 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. Mrs Y complains the Council has failed to progress her complaint to stage two of the children’s statutory complaints process. Mrs Y says the delays have led to a continued loss of support for her child, loss of respite care as well as upset, uncertainty and emotional strain.

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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 Mrs 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 the Council acknowledged Mrs Y’s request for a stage two escalation in May 2026 but has not provided this. The statutory children’s complaints process requires a Council to have completed stage two and provided its response to the complainant within a maximum of 65 days of the request being made in writing. This time passed in August 2026, so the response is now overdue, causing a delay.

5. We invited the Council to consider how it would end the delay and remedy Mrs Y’s injustice.

Agreed Actions

6. To its credit the Council has agreed to resolve the complaint. It has agreed to:
• Complete the stage two response and provide it to Mrs Y within one month of the final decision;
• Inform Mrs 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 Mrs Y confirms she does not wish to progress her complaint to stage three.

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Final decision

7. We will not investigate Mrs Y’s complaint because we have upheld this complaint about children’s statutory complaints 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.

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Investigator's decision on behalf of the Ombudsman