The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s actions in relation to the complainant’s son’s special educational needs. The complaint is late and there are insufficient grounds to consider it now.
The complaint
The complainant, Mrs X, complains that the Council was at fault in failing to make appropriate educational provision for her son, and in the process of amending his Education Health and Care (EHC) plan.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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
Mrs X’s son has special educational needs and an EHC Plan. Mrs X’ complains about the Council’s actions between March 2021 and September 2022. She says the Council failed to communicate with her and failed to secure the provision set out in the EHC plan during the period. She is also critical of the way the Council reassessed the EHC plan, leading to it naming a school for her son without appropriate consultation. The Council has declined to accept Mrs X’s complaint due to the passage of time.
The Ombudsman will not investigate Mrs X’s complaint because it is late. 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. The period at issue ended in September 2022, so the complaint is late.
In support of her complaint to the Council. Mrs X set out why she had delayed making her complaint. The reasons she gave do not demonstrate that she could not have complained within 12 months of the events and do not therefore provide grounds to consider the complaint now.
Final decision
We will not investigate Mrs X’s complaint because it is late and there are insufficient grounds to consider it now.
Investigator's decision on behalf of the Ombudsman