Summary: We will not investigate this complaint about the Council’s failure to provide early support to Mrs X’s child. This is because most of the events complained about are late. The remaining complaint points relate to matters that took place inside a school or Mrs X had right of appeal for.

The complaint

1. Mrs X complained the Council failed to intervene when she raised concerns about her child’s behaviour and development.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. We cannot investigate most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended)
5. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

6. I considered information provided by Mrs X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mrs X complained that she first spoke to the Council several years ago about her child Y’s behaviour and development. She said safeguarding concerns were not acted on by Y’s school and the Council initially would not agree to an assessment for an education, health and care plan (EHCP).
9. The Council empathised but said that many of the concerns raised were about the school’s actions and it could not comment on this. The Council advised that mediation was taking place regarding Y’s EHCP assessment.
10. Mrs X remains unhappy with the Council’s actions and wants us to find it at fault. The Ombudsman will not exercise discretion to investigate complaints regarding events that took place more than 12 months ago unless there are good reasons. In this case the events took place many years ago; it would have been reasonable for Mrs X to contact us much sooner.
11. Mrs X has complained about the way safeguarding concerns were handled in Y’s school. This aspect of the complaint is outside of our jurisdiction as it relates to actions that took place within a school.
12. Mrs X has also complained about the Council’s initial decision not to assess Y for an EHCP. The Ombudsman will not exercise discretion to investigate complaints where the complainant has right of appeal. As Mrs X had right of appeal to the SEND Tribunal, it would have been reasonable for her to use it.

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Final decision

13. We will not investigate Mrs X’s complaint because most of the events complained about are late. The remaining complaint points relate to matters that took place inside a school or Mrs X had right of appeal for.

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Investigator's decision on behalf of the Ombudsman