Summary: We will not investigate this complaint about whether the Council provided enough support to a school student. This is because the complaint is late.

The complaint

1. Miss X and her mother Ms Y complain, through their solicitor, that the Council failed to support Miss X’s education, following a report from Ofsted to the Council about an incident at Miss X’s school. They state this had a negative impact on Miss X’s education.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I considered information provided by Miss X, Ms Y and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. In 2023, Ms Y informed the Council of an incident which affected Miss X’s education. The incident caused the family concern about Miss X’s safety at school and affected Miss X’s attendance. Ms Y or her solicitor told Ofsted, and Ofsted contacted the Council. The Council conducted an investigation. The Council decided in August 2023 Miss X’s and Ms Y’s concerns did not meet the threshold for it to take further action. Miss X and Ms Y are dissatisfied with that decision.
6. Miss X and Ms Y are also dissatisfied with the Council’s reported lack of support after then with Miss X’s school attendance and lack of educational provision when Miss X was not attending school. This relates to events in 2023 and the first half of 2024.
7. Miss X and Ms Y then complained, through their solicitor, to the Council in February 2024. The Council sent its final response on 5 June 2024, saying Miss X and Ms Y could complain to us if they were dissatisfied. Miss X and Ms Y’s solicitor complained to us in April 2025. Therefore, the complaint to us was around 20 months after the Council had said it would not take further action on the incident and a year to two years from the incident affecting Miss X’s education to the complaint to the Council.
8. Therefore, the restriction in paragraph 2 applies. I am mindful Miss X was a child at the time of the incident, and this would have been a difficult time for her. Nevertheless Ms Y pursued matters, they had legal representation and were able to report the incident to Ofsted and to complain to the Council within 12 months of becoming concerned. I also note there was a further delay of 10 months coming to us after the Council’s final response. In the circumstances, it is reasonable to expect Ms Y or her representative to have complained to us sooner.

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Final decision

9. We will not investigate this complaint because it is late without good enough reason to pursue it now.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman