Leicestershire County Council (26 013 650)
The Ombudsman's final decision:
Summary: We have upheld Miss X’s complaint because the Council delayed considering this at stage two of the Children’s Statutory Complaints process. The Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Miss X.
The complaint
- Miss X complains the Council delayed considering her complaint at stage two of the Statutory Children’s Complaints Procedure. She says this has caused frustration and uncertainty.
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)
- Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- In January 2026, Miss X asked the Council to escalate her complaint to stage two of the statutory children’s complaints procedure. The entire stage two process should take no more than 65 working days. The Council should have completed the stage 2 process by April 2026. Miss X brought her complaint to the Ombudsman in August 2026 because she had not received a response from the Council.
- Since Miss X brought her complaint to the Ombudsman, the Council has sent its stage two response to her.
- If we were to investigate this complaint it is likely we would find the Council at fault. This is because there has been a four-month delay in the Council issuing Miss X with a stage two response. This has caused frustration and avoidable distress to Miss X.
- We therefore asked the Council to apologise to Miss X for the delay and offer to make a payment to her of £200 to remedy the avoidable distress and time and trouble she has been put to in pursuing her complaint.
- To its credit, the Council agreed to resolve the complaint and has agreed with our recommendation. The Council has agreed to provide the remedy within four weeks of this decision.
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 Miss X.
Investigator's decision on behalf of the Ombudsman