Summary: We will not investigate this complaint about an incident in a school in 2023. The complaint is late and there is not a good reason for the delay in Ms X bringing the matter to us. We cannot investigate the actions of the school.

The complaint

1. Ms X complained her child’s school and the Council failed to protect her child in 2023 when an incident happened at his school. Ms X said the matter caused significant distress and led to her being out of work and her child being out of school. Ms X wanted the Council to apologise and make service improvements.

Back to top

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 an organisation has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. We cannot investigate most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended)
4. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

Back to top

How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Ms X’s complaint relates to an alleged incident at her child’s school in 2023. The Council says both the school and the Council’s Local Authority Designated Officer (LADO) found no evidence to support the allegations. Ms X provided us a copy of the school’s complaint response from early 2023.
8. We have no power to investigate the actions of the school in this case. We could consider how the Council had handled the matter, however the complaint is late and I must consider whether there was good reason for the delay in Ms X complaining to us.
9. Ms X told us she finds forms difficult. She also told us she was pregnant at the time of events, and that her child was out of school following the incident. Despite these factors, there is not a good reason for the significant delay of at least two and a half years from the date Ms X found out about the matter she complains about. Ms X did not make use of the Council’s complaint process during that period, which would also have been necessary before we could investigate a complaint about it. She used the school’s complaints process, and could also have complained to the Council then us within 12 months of becoming aware of the matter.
10. The Council has told us it does not now wish to respond to the complaint due to the considerable time that has passed since events the complaint relates to. We also will not investigate this late complaint.

Back to top

Final decision

11. We will not investigate Ms X’s late complaint because there is not a good reason for the delay in her complaining about the matter.

Back to top

Investigator's decision on behalf of the Ombudsman