Summary: We will not investigate Mr X’s complaint about delay in the Council responding to his complaint under stage two of the statutory children’s complaint procedure. This is because the Council agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

The complaint

1. Mr X complains about delay in the Council responding to his complaint under stage two of the statutory children’s complaint procedure.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. If we were to investigate, it is likely we would find fault causing Mr X an injustice. This is because the Council should have responded to the stage two complaint within 65 working days of the request. Mr X asked the Council to escalate his complaint to stage two in September 2024. This meant the Council should have completed stage two by December 2024.
6. To date, the Council has yet to allocate the complaint to an independent investigator and person. The Council says it aims to have the case allocated by the end of February 2025.
7. I am satisfied the fault will have caused Mr X distress and frustration.
8. We therefore asked the Council to remedy the injustice caused by completing the following:
• Appoint an independent investigator and person without further delay, and within three weeks of the final decision.
• Apologise to Mr X for the delay in responding to his stage two complaint.
• Make a payment of £100 to recognise the injustice caused by the two month delay that will have occurred by the time the independent investigator and person are appointed.
9. The last two recommendations above are to be completed within four weeks of the final decision.

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Agreed action

10. The Council agreed to resolve the complaint and will complete the above within the timeframe set.

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Final decision

11. We have upheld this complaint because the Council agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

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Investigator's decision on behalf of the Ombudsman