3rd September 2025

Essex County Council Accused of Breaching Statutory Duties in Delayed Social Care Complaint

Essex County Council (ECC) is under fire after a very worried parent issued a formal warning over what they describe as “drift and delay” in handling a statutory Stage 2 social care complaint under the Children Act 1989.

The complaint, agreed in early July 2025, is already in danger of breaching maximum timescales set out in government guidance. According to statutory guidance, Stage 2 investigations must be completed within 25 working days, or in “exceptional circumstances” no later than 65 working days.

The parent says Essex is on course to exceed that statutory limit, despite repeated reminders of the urgency of their case.

In a strongly worded open letter, the parent demanded:

  • Written confirmation of which Complaints Manager is overseeing compliance.
  • The identity of the Adjudicating Officer / Senior Responsible Officer (Head of Service or Director) required by law to consider the report.
  • A fixed timetable, with the Independent Investigator’s report and ECC’s adjudication completed by 16 September 2025 at the latest.

Failure to meet this deadline, the parent warns, will trigger an automatic request for a Stage 3 Review Panel and a referral to the Local Government & Social Care Ombudsman (LGSCO) for investigation into maladministration, delay, and the impact on their family.

The case is further complicated by the family’s exceptional circumstances:

  • One child is in hospital under ongoing monitoring for complex health needs.
  • Another requires consistent immunology oversight.
    Despite this, the parent alleges that ECC has withdrawn disability social care support, intensifying safeguarding pressures.

The letter also raises serious additional concerns. The parent accuses Essex of:

  • Ignoring multiple referrals to its Local Authority Designated Officer (LADO) — the statutory officer responsible for managing safeguarding allegations.
  • Allowing local health commissioners to strip out essential bowel care provision — support that had been ordered to remain in place by a SEND Tribunal ruling in 2023.

Campaigners argue that these allegations point to systemic failures in Essex’s children’s services.

“This is not just delay — it is statutory non-compliance, a failure of accountability, and a breach of duty of care to vulnerable children,” the parent wrote.

The Romiley Gazette has approached Essex County Council for comment. At the time of going to press, no response had been received.

Fact Box: What the Law Says

  • Stage 1: Informal resolution, normally completed within 10 working days.
  • Stage 2: Independent Investigation. Must be completed within 25 working days, or in exceptional cases no later than 65 working days (Getting the Best from Complaints: DfE 2006).
  • Stage 3: Review Panel must be convened within 30 working days of request.
  • Oversight: The Independent Investigator (II) is supported by an Independent Person (IP) to ensure fairness. A Complaints Manager oversees the process, while a Senior Responsible Officer must issue the council’s final adjudication.
  • Escalation: If timescales are breached or procedure not followed, complaints can be referred to the Local Government & Social Care Ombudsman (LGSCO).