Summary: We will not investigate this complaint about the Council’s delay in administering the children’s statutory complaint procedure. The Council has acknowledged the delay and has agreed to remedy the injustice caused by it.

The complaint

1. Mrs X complains the Council has not provided a stage two complaint response under the statutory children’s complaint procedure in time.
2. This has caused Mrs X and her family prolonged stress and uncertainty. She says this has left her child without education provision and appropriate safeguarding support.

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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)

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How I considered this complaint

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

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My assessment

6. This assessment considers the delay in complaint handling only, not the matters included in the complaint. These are still subject to the Council’s consideration under the statutory children’s complaint process.
7. Mrs X asked the Council to consider her complaint at stage two of the statutory children’s process in May 2026. The Council first declined to consider the complaint at stage two but reversed this decision and accepted the complaint on the same day.
8. The Council should have completed the stage two response within 65 working days, concluding during August 2026. The Council advised Mrs X it has had difficulty in appointing independent officer to carry out the stage two investigation. Mrs X complained to us in August 2026, after the 65 working day deadline had passed.
9. The Council has now appointed an investigating officer and independent person.
10. If we investigated, it is likely we would find fault with the Council for delay completing the stage two investigation. However, the Council has agreed to take action which provides a suitable remedy for the injustice caused.

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Agreed action

11. Within one month of this decision, the Council will:
• start the stage two investigation, and complete it within the 65-day timescale; and
• pay Mrs X £50 to recognise the distress caused by its delay beyond the original deadline.
12. The Council confirmed it will consider a remedy for any further delay in its response to the stage two investigation report.

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Final decision

13. We will not investigate Mrs X’s complaint because the Council has acknowledged the delay and has agreed to remedy the injustice caused by it. Further investigation by us would therefore not be proportionate.

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Investigator's decision on behalf of the Ombudsman