Cornwall Council (20 014 510)
Category : Education > Alternative provision
Decision : Closed after initial enquiries
Decision date : 10 May 2021
The Ombudsman's final decision:
Summary: We will not investigate Mrs X’s complaint that her daughter was out of education between 2018 and 2019. The complaint is late and there is no good reason to consider it now.
The complaint
- Mrs X said the Council failed to make alternative educational provision for her daughter when she was out of education between 2018 and 2019.
The Ombudsman’s role and power
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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 read Mrs X’s complaint. I gave her an opportunity to comment on a draft decision.
What I found
- The matters complained of are late. We only consider late matters where there is a good reason to do so. One of these is where a person is not aware of a matter at the time. Another is where a person is prevented from complaining at the time. Neither of these grounds applies as Mrs X was able to complain to the Council of other matters and would have been aware that her daughter was out of education.
Final decision
- We will not investigate this complaint. This is because there is no good reason to exercise discretion to consider late matters.
Investigator's decision on behalf of the Ombudsman