The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about delays in the Education, Health and Care needs assessment of her child, Y. The complaint is late, and there are no good reasons for the Ombudsman to investigate now.
The complaint
Miss X complained about delays in the Education, Health and Care (EHC) needs assessment of her child, Y. Miss X said the matter caused her frustration and distress.
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
We will not investigate Miss X’s complaint about delays in the EHC needs assessment process regarding her child, Y. The complaint is late. The law says we can only investigate matters 12 months prior to a complaint being made to us, unless we decide there are good reasons.
Miss X received a final complaint response from the Council in January 2023. Miss X complained to the Ombudsman in late August 2024, 19 months after the Council’s final response.
I have seen no good reasons Miss X could not have complained to the Ombudsman sooner. Therefore, we will not investigate this complaint.
Final decision
We will not investigate Miss X’s complaint because the complaint is late, and there are no good reasons to exercise discretion to investigate now.
Investigator's decision on behalf of the Ombudsman