Summary: We have upheld this complaint about delay in the children’s statutory complaints procedure. This is because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

The complaint

1. Ms X complained the Council has refused to backdate age related increases to her special guardianship allowance. The Council accepted her complaint under the children’s statutory complaints procedure but has not completed the stage two investigation within the required timescales.

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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. The law sets out a three-stage procedure for councils to follow when looking at complaints about children’s social care services.
6. The first stage of the procedure is local resolution. Councils have up to 20 working days to respond.
7. If a complainant is not happy with a council’s stage one response, they can ask that it is considered at stage two. At this stage of the procedure, councils appoint an investigating officer (IO) to look into the complaint and an independent person (IP) who is responsible for overseeing the investigation and ensuring its independence.
8. Following the investigation, a senior manager (the adjudicating officer) at the council should carry out an adjudication. The adjudicating officer should then write to the complainant with a copy of the investigation report, any report from the independent person and the adjudication response.
9. The whole stage two process should be completed within 25 working days but guidance allows an extension for up to 65 working days where required.
10. If a complainant is unhappy with the outcome of the stage two investigation, they can ask for a stage three review by an independent panel. The Ombudsman would normally expect a council and complainant to follow the full complaints procedure, before we will consider a complaint.
11. Ms X is a special guardian and receives special guardianship allowance. She complained the Council has refused to backdate age related increases. The Council accepted her complaint under the children’s statutory complaints procedure.
12. Ms X was dissatisfied with the stage one response. In September 2024, she asked the Council to escalate the complaint to stage two for an independent investigation.
13. Ms X approached us in January 2025, as the statutory timescale of 65 working days had passed and the Council had not completed the stage two investigation.
14. If we were to investigate, it is likely we would find fault causing the complainant injustice, as the Council has not completed the stage two investigation within the statutory timescales.
15. We therefore asked the Council to consider remedying the injustice caused by its actions by completing the stage two investigation within 65 working days of our final decision and paying Ms X a financial remedy in recognition of the frustration and distress caused by the delay. The Council agreed to our request.

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Agreed action

16. Within 65 working days of the final decision, the Council will complete its stage two investigation of Ms X’s complaint under the children’s statutory complaints procedure.
17. Within one month of the stage two adjudication letter, the Council will pay Ms X a financial remedy for the distress caused by the delay. This should be calculated at £50 per month of delay, from 23 December 2024 to the date the letter is sent to Ms X.

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Final decision

18. We will not investigate Ms X’s complaint because the Council has 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