The Ombudsman's final decision
Summary: We have upheld Miss X’s complaint because the Council delayed considering her complaint at stage three of the children’s statutory complaints procedure. The Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Miss X.
The complaint
Miss X complains that the Council delayed responding to her complaint at stage three of the children’s statutory complaints procedure.
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) Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
If we were to investigate this complaint, it is likely we would find the Council at fault. This is because Miss X asked the Council to progress her complaint to stage three of the statutory complaints procedure in May 2024 and has yet to receive a response. This has caused Miss X distress in the form of uncertainty and frustration.
We therefore asked the Council to issue its stage three response within one month. We also asked the Council to apologise to Miss X for the delay and pay her £700 to remedy the distress caused by the delay. To its credit, the Council agreed.
Final decision
We have upheld this complaint. The Council has agreed to resolve the complaint early by providing an appropriate remedy.
Investigator's decision on behalf of the Ombudsman