The Ombudsman's final decision
Summary: We will not investigate this complaint about alleged fault in the process of reviewing and issuing the complainant’s son’s Education Health and Care Plan. This is because the complaint is late and there are no grounds for us to consider it now.
The complaint
The complainant, who I will refer to as Mr B, complains that fault on the part of the Council caused his son to miss a year of education.
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 the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr B’s son has special educational needs and an Education Health and Care Plan (EHCP). Mr B says the Council was at fault in failing to take appropriate action to enable his son to transfer to an appropriate educational setting in September 2021. He says that, as a result, his son missed the entire 2021-2022 academic year.
The Ombudsman will not investigate Mr B’s complaint because it is late. Late complaints are when someone takes more than a year to come to us about something a Council has done.
The alleged fault Mr B identifies relates to the process of reviewing and issuing his son’s EHCP in 2021. The evidence he has provided demonstrates that he complained to the Council about these actions before November 2021 and was advised by the Council of his right to complain to the Ombudsman. The complaint is therefore late and there are no grounds for us to consider it now.
Final decision
We will not investigate Mr B’s complaint because it is late and there are no grounds for us to consider it now.
Investigator's decision on behalf of the Ombudsman