e have upheld Mr X’s complaint because the Council delayed considering his complaint at stage two 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 Mr X.
The complaint
Mr X complains that the Council delayed considering his complaint at stage two of the statutory children’s complaints procedure. Mr X wants the Ombudsman to intervene and consider the issues raised in his complaint to the Council.
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
Mr X escalated his complaint to stage two of the statutory complaints procedure in February 2025. The Council allocated his complaint to an Investigating Officer (IO) and Independent Person (IP) and mediation was recommended. In May 2025, Mr X asked the Council to continue with its stage two investigation. The Council felt that a new IO and IP were needed, but Mr X’s complaint has yet to be reallocated.
If we were to investigate this complaint, it is likely we would find fault. This is because there has been a delay in the Council completing its stage two investigation, causing Mr X distress in the form of uncertainty and frustration.
We therefore asked the Council to apologise to Mr X for the delay and pay him £500 to remedy the injustice this caused. We also asked the Council to reallocate his complaint to an IO and IP. To its credit, the Council agreed and says it will complete these actions within six weeks.
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