The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council failed to ensure a child’s special educational needs were met. This is because it is made late.
The complaint
Mrs X complains that the Council failed to ensure that the Special Educational Needs (SEN) provision in her child’s Education Health and Care (EHC) Plan was being met, which led to him absconding from school.
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 complaints about what happens in schools unless they relate to special educational needs, when the schools are acting on behalf of the council to secure educational provision, as set out in Section F of the young person’s Education, Health and Care Plan.
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
Mrs X complained to the Council about the actions of her child’s school after he absconded from school in July 2024. The Council issued its final response in January 2025.
I will not investigate Mrs X’s complaint. The law prevents us from investigating the actions of the school unrelated to the delivery of her child’s SEN provision. I therefore cannot investigate any policy failure by the school regarding her child being able to abscond.
I will not investigate Mrs X’s complaint that the Council’s failure to ensure her child’s SEN provision was met prior to him absconding. This is because this happened more than a year ago and I see no good reason why Mrs X could not have raised her complaint sooner.
Final decision
We will not investigate Mrs X’s complaint because it is made late.
Investigator's decision on behalf of the Ombudsman