Summary: We will not investigate this complaint that the Council failed to make alternative educational provision for the complainant’s daughter. The complaint is late and there are insufficient grounds for us to consider it now.

The complaint

1. The complainant, who I will refer to as Miss X, complains that the Council failed to make alternative educational provision for her daughter while she was unable to attend school.

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 a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

Back to top

How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Miss X believes the Council’s duty to make alternative provision under Section 19 of the Education Act 1996 was engaged while her daughter was unable to attend school. She complains that it failed to discharge this duty. She wants the Council to apologise for its failings, make procedural changes to ensure the failings are not repeated, and provide a financial remedy.
6. The Ombudsman will not investigate Miss X’s complaint because it is late. Late complaints are when someone takes more than 12 months to complain to us about a council’s actions. The correspondence shows that Miss X’s complaint relates to the period between 2019 and April 2023. The complaint is therefore late.
7. While the Ombudsman has the discretion to investigate late complaints if there are good reasons to do so, that is not the case here, Miss X says her circumstances prevented her from complaining between September 2023 and January 2024. However, she did not come to us until November 2024. There are insufficient grounds for us to use our discretion to consider the complaint now and we will not do so.

Back to top

Final decision

8. We will not investigate Miss X’s complaint because it is late and there are insufficient grounds to consider it now.

Back to top

Investigator's decision on behalf of the Ombudsman