The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s management of the complainant’s child’s special educational needs. The complaint is late and there are no good reasons for us to consider it now.
The complaint
The complainant, Miss X, complains that the Council failed to properly address her child’s special educational needs.
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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X complains that the Council repeatedly failed to update her child’s Education Health and Care plan while he was at a primary school, and failed to secure the special educational provision set out in the plan. She further complains that it failed to escalate safeguarding issues appropriately. Miss X says that, as a result of failures on the Council’s part, her son’s welfare and engagement with education suffered, and she and her family were caused significant detriment.
The Ombudsman will not investigate Miss X’s complaint because it is late. Late complaints are when someone takes more than 12 months to complain to us about something a council provider has done. The evidence Miss X has provided shows that her son left the school in question in 2020. Miss X did not come to the Ombudsman until 2026. Her complaint is therefore late and there are no good reasons for us to consider it now.
Final decision
We will not investigate Miss X’s complaint because it is late and there are no good reasons to consider it now.
Investigator's decision on behalf of the Ombudsman