London Borough of Merton (26 016 913)
The Ombudsman's final decision:
Summary: We have upheld this complaint about delay in the administration of the children’s statutory complaint procedure but will not investigate it. The Council has agreed to take action to remedy any injustice caused to Miss X.
The complaint
- Miss X complains the Council has not provided her a stage three complaint response under the statutory children’s complaint procedure. Miss X says that ongoing delay is impacting her confidence and trust in the Council.
- Miss X wants the Council to provide her the stage three response and explain why the response is late.
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
- Miss X escalated her complaint to stage three of the statutory process in May 2026. The Council had 50 days to provide Miss X a response, making it due in July 2026. This has passed without a response, which if we were to investigate, would likely be fault.
- The Council notes the delay is due to being unable to secure panel members.
- We have invited the Council to remedy the injustice caused to Miss X by the delay. To its credit, it has agreed to do so.
Agreed actions
- Provide Miss X with a stage three response.
- Pay Miss X a symbolic payment of £150 for distress caused by administrative delay.
Final decision
- We have upheld this complaint about delay in the children’s statutory 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 to Miss X.
Investigator's decision on behalf of the Ombudsman