The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about the Council’s education team’s actions. There are no good reasons the late complaint rule should not apply.
The complaint
The complainant, whom I shall call Miss X, complains about the Council’s special educational needs team’s actions.
The Ombudsman’s role and powers
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
I considered information provided by Miss X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X’s complaint concerns Y’s education provision. She complained on Y’s behalf in May 2021 about: Failure to hold annual reviews of an Education Health and Care Plan (EHC Plan); Failure to provide the support set out in the EHC Plan; Information provided to a hearing in April 2021; Failing to provide a Tribunal bundle on time; Communication issues; The setting for Y’s provision.
We cannot investigate these issues, as the complaint is more than 12 months old and there are no good reasons the late complaint rule should not apply.
Final decision
We will not investigate Miss X’’s complaint because there are no good reasons the late complaint rule should not apply.
Investigator's decision on behalf of the Ombudsman