Summary: We upheld Mr X’s complaint about delays in the children’s statutory complaints process. The Council agreed to resolve the complaint early by paying Mr X a symbolic remedy to recognise his injustice and complete stage three.

The complaint

1. Mr X complained the Council did not complete stage two of the children’s statutory complaints process within the statutory timescales.
2. Mr X also said the Council did not complete stage three of the children’s statutory complaints process within the statutory timescales.
3. Mr X said this caused him frustration and uncertainty.

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The Ombudsman’s role and powers

4. 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).
5. Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).

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How I considered this complaint

6. I considered information provided by Mr X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. If we were to investigate it is likely we would find fault causing the complainant injustice because:

• Mr X complained to the Council about matters falling under the children’s statutory complaints process.
• Mr X asked the Council to recommence stage two of the children’s statutory complaints process in January 2026. The Council agreed to proceed.
• Therefore, to follow statutory timescales, the Council should have completed stage two within 65 working days of Mr X’s request for escalation. The Council did not follow this timescale.
• Mr X asked the Council to convene a stage three independent review panel in June 2026. The Council agreed to proceed.
• Therefore, to comply with the statutory timescales, the Council should have completed stage three within 50 working days of the request. The Council did not follow this timescale.

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Agreed actions

9. Within one month of our final decision, the Council agreed to pay Mr X £50 for each month of delay to acknowledge the frustration and uncertainty caused at stage two of the children’s statutory complaints process.
10. Within 50 working days of our final decision, the Council agreed to complete stage three of the children’s statutory complaints process.
11. Upon completion of stage three, the Council agreed to pay Mr X £50 for each month of delay to acknowledge the frustration and uncertainty caused at stage three of the children’s statutory complaints process.

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Final decision

12. We upheld Mr X’s complaint. The Council agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused and to complete stage three of the children’s statutory complaints process.

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Investigator's decision on behalf of the Ombudsman