The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s provision of education for Ms X’s daughter and its handling of her complaint. This is because the substantive issues are outside jurisdiction due to the time limits, and there is no worthwhile outcome achievable from investigating how the Council handled Ms X’s complaint.
The complaint
Ms X complained the Council’s failed to provide suitable education for her daughter (Y). She said this limited Y’s A-level options, affected her social development, and meant Ms X had to give up her career to care for her. Ms X also said she was frustrated the Council had not resolved an earlier offer of a financial remedy.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) 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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X complained to the Ombudsman in July 2025 about a lack of education provision for Y, between November 2021 and July 2024.
I have considered whether there are good reasons for us to exercise discretion to consider Ms X's complaint about the lack of provision over this time. The law, explained in paragraph three, says we should not investigate late complaints. I acknowledge Ms X's comments about what else was happening during this time, but this does not displace the expectation in law that we will not investigate late complaints.
The Council responded to Ms X’s complaint and a final remedy offer was made in August 2025. The Council confirmed it sent it to Ms X in September 2025. While Ms X said this was delayed, I do not consider this delay unreasonable.
In any case, Ms X has now accepted the Council’s remedy offer. This means there is no worthwhile outcome achievable from an Ombudsman investigation into complaint handling or delay, as the substantive injustice has already been addressed.
Final decision
We will not investigate Ms X’s complaint about education provision, because that is a late complaint and there is no reason to exercise discretion to consider it now. And there is no worthwhile outcome in looking at complaint handling in isolation.
Investigator's decision on behalf of the Ombudsman