Summary: Ms X complained the Council failed to properly comply with the recommended actions it agreed to complete following the Ombudsman’s investigation into her original complaint about delays in the children’s statutory complaints procedure. There was fault by the Council for its failure to complete the agreed actions. This caused injustice to Ms X. The Council will take action to remedy the injustice caused.

The complaint

1. Ms X complained the Council failed to properly comply with the recommended actions it agreed to complete following the Ombudsman’s investigation into her original complaint about delays in the children’s statutory complaints procedure.
2. Ms X said the matter caused her ongoing distress and frustration.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(1), 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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What I have and have not investigated

6. I have investigated matters relating to the Council’s compliance with the agreed actions in Ms X’s original complaint following the Ombudsman’s investigation.
7. I have not investigated the substantive issues of Ms X’s complaint or considered matters relating to her escalation request to stage three investigation of the statutory complaints procedure.

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How I considered this complaint

8. I considered evidence provided by Ms X and the Council as well as relevant law, policy and guidance.
9. Ms X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Law and guidance

10. The law sets out a three-stage procedure for councils to follow when looking at complaints about children’s social care services.
11. If a complainant is not happy with a council’s stage one response, they can ask that it is considered at stage two. At this stage of the procedure, councils appoint an investigating officer (IO) to look into the complaint and an independent person (IP) who is responsible for overseeing the investigation and ensuring its independence.
12. Following the investigation, a senior manager (the adjudicating officer) at the council should carry out an adjudication. The adjudicating officer should then write to the complainant with a copy of the investigation report, any report from the independent person and the adjudication response.
13. The whole stage two process should be completed within 25 working days, but guidance allows an extension for up to 65 working days where required.

Key events

14. On 29 May 2025, Ms X asked the Council to escalate her complaint to stage two of the statutory complaints procedure. This was the basis of Ms X’s original complaint to the Ombudsman in 2025.
15. In February 2026, we issued our final decision statement on Ms X’s original complaint 25025307 about delays in the children’s statutory complaint’s procedure. We made recommendations and the Council agreed to:

• complete stage two investigation of Ms X’s complaint under the children’s statutory complaints procedure within 65 working days of our final decision.
• calculate and pay Ms X a financial remedy for the distress caused by the delay within one month of sending the stage two adjudication letter. This should be calculated at £50 per month of delay (outside the maximum 65 working days timescale) from the date Ms X requested escalation to stage two to the date the Council sends the stage two adjudication letter.

16. The stage two investigation was completed, and the report was issued in May 2026.
17. On 4 June 2026, the Council issued its stage two adjudication letter to Ms X. the Council accepted fault in how it dealt with Ms X’s case, this included its delays with completing the stage two investigation. The Council offered Ms X the following financial payments to acknowledge its failings:
1. £150 - avoidable frustration and uncertainty caused by the ineffective Child in Need Plan
2. £100 – time and trouble in Ms X pursuing her complaint
3. £100 – delays with issuing stage two adjudication.
18. In July 2026, the Ombudsman asked the Council for evidence of its compliance with the recommendations we made to it in February. The Council said Ms X rejected the financial offer it made to her in its stage two adjudication letter and that she asked for her case to be escalated to stage three of the statutory complaints procedure.
19. In August 2026, Ms X gave her consent to the Ombudsman to register a new complaint about the Council’s failure to comply with our February 2026 recommendation.

Analysis

Recommendation 1 - Complete stage two investigation of Ms X’s complaint under the children’s statutory complaints procedure within 65 working days of our final decision.

20. The Council completed the stage two investigation under the statutory complaints procedure on 4 June 2026. This fell within 65 working days from the date the Ombudsman issued its final decision on Ms X’s original complaint in February 2026. This was not fault.

Recommendation 2 - Calculate and pay Ms X a financial remedy for the distress caused by the delay within one month of sending the stage two adjudication letter. This should be calculated at £50 per month of delay (outside the maximum 65 working days timescale) from the date Ms X requested escalation to stage two to the date the Council sends the stage two adjudication letter.

21. The Council did not pay Ms X the agreed financial remedy by 4 July 2026 which was one month after it issued its adjudication letter. This was fault.
22. Ms X had originally asked the Council to escalate her complaint to stage two of the statutory complaints procedure on 29 May 2025. This means the Council should have completed the stage two investigation by 29 August 2025 (within 65 working days of the escalation request).
23. The Council did not complete the stage two investigation until 4 June 2026 when it issued its adjudication letter. This was a delay of approximately 9 months from when the Council should have completed the stage two in August 2025. Therefore, the Council should have paid £450 to Ms X as per the Ombudsman’s agreed remedy above (£50 per month for 9 months). The Council did not offer and make Ms X the £450 payment to acknowledge the injustice caused to her by its delays with completing the stage two statutory complaints procedure. This was fault.
24. The Council’s failure to comply with the recommended actions it agreed to complete following the Ombudsman’s investigation in February 2026 caused further distress to Ms X.

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Action

25. To remedy the injustice caused by the faults identified, the Council has agreed to complete the following actions within one month of the final decision:

• pay Ms X £450 in recognition of the distress caused to her by the Council’s failure to fully remedy the delays with completing stage two investigation under the children’s statutory complaints procedure. This is calculated at £50 per month from August 2025 to June 2026. This payment is separate from the financial remedies offered by the Council in its adjudication letter for avoidable frustration and uncertainty and time and trouble caused to Ms X by its identified failings in that letter.
• apologise in writing to Ms X to acknowledge further distress caused to her by the Council’s failure to comply with all the recommended actions it agreed to complete following the Ombudsman’s investigation in February 2026. The apology should be in accordance with our guidance, Making an effective apology

26. The Council should provide us with evidence it has complied with the above actions.

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Decision

27. I find fault by the Council causing injustice to Ms X. The Council has agreed to take actions to remedy the injustice caused.

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Investigator's decision on behalf of the Ombudsman