Luton Borough Council (26 015 715)
The Ombudsman's final decision:
Summary: We have upheld this complaint about the Councils delay in administering the statutory children’s complaint 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
- Miss X complains that the Council has not provided her a stage two complaint response under the children’s statutory complaint procedure within required timescales.
- Miss X says this has caused her significant distress and anxiety. She says the ongoing uncertainty of the investigation is preventing her from being able to move on. Miss X wants the Council to apologise, provide her a definitive deadline for which it will give her a response and consider a financial remedy.
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)
How I considered this complaint
- I considered information provided by Miss X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- For the purposes of this assessment, only delay in the administration of the complaints procedure is considered, not the matters complained about.
- Miss X escalated her complaint to stage two of the statutory children’s complaints procedure in June 2025. This made the Council’s response due in September 2025.
- Miss X complained to us in August 2026, as she had not yet received a stage two response.
- We contacted the Council inviting it to remedy Miss X’s complaint. It told us that its adjudicating officer has recommended a symbolic payment of £150 for delay in complaint handling. To its credit, the Council has agreed to our invite.
Agreed actions
- Within one month of this decision, the Council has agreed to:
- Provide Miss X with its stage two complaint response.
- Pay Miss X a symbolic payment totaling £500 for distress caused by administrative delay.
- This is made up of £150 recommended by its adjudicator and a further £350 recommended by us.
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.
Investigator's decision on behalf of the Ombudsman