Summary: Miss X complained that the Council refused to provide her with free school meals despite being financially eligible. We have discontinued our investigation because this is a late complaint and there is no good reason to use discretion to investigate.

The complaint

1. Miss X complains the Council refused to provide her with free school meals despite her being financially eligible. She believes this is because the Council has chosen to send her children to an independent school with their EHC plans.
2. Miss X says this has caused her financial distress and she is struggling to pay for the children’s lunches.

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The Ombudsman’s role and powers

3. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
4. 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 not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
5. 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

6. I considered evidence provided by Miss X and the Council as well as relevant law, policy and guidance.
7. Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

8. Miss X moved to the Council area in February 2020 from another area where she said her children were entitled to free school meals.
9. Miss X says her children attended independent schools as part of their named provision in their EHC plans. Miss X says because her children attended independent schools, the Council refused to provide free school meals.
10. Miss X noted one of her children started mainstream college in September 2024 and started to receive free school meals.
11. Miss X complained to the Council about this matter in March 2025 and to us in June 2025.
12. We will not investigate this complaint, as it would have been reasonable for Miss X to have complained about these matters sooner.
13. Miss X was aware of the issue for around five years before complaining to us. One of her children has also been receiving free school meals for over a year.
14. I have not seen any good reason to use my discretion to investigate.

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Investigator's decision on behalf of the Ombudsman