Summary: We will not investigate Miss X’s complaint about the Council’s handling of her children’s special education needs and that it had lost important documents. This is because the complaint is late and there are no good reasons to exercise discretion to consider the late complaint. In addition, there is another body better placed to consider the other complaint matters.

The complaint

1. Miss X complains about the Council’s handling of her children’s special education needs. She says both her children have had no education for three years. She also complains the Council lost important documents.

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)
3. 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 an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Miss X raised complaints about the Council’s handling of her children’s education in 2021 and 2022. The Council provided a copy of its complaint responses, issued in July 2021 and February 2022.
7. The Council’s complaint response in February 2022 also details the children’s cases were being heard at Tribunal. This suggests Miss X had used her right of appeal to challenge her children’s education, health and care (EHC) plans.
8. An investigation is not justified as Miss X’s complaint about the Council’s handling of her children’s education is late. This is because the matters she complains about happened more than 12 months ago. I have considered whether there might be good reasons to exercise discretion to consider the late complaint.
9. However, I do consider there are any good reasons. This is particularly because Miss X had complained to the Council in 2021 and 2022, and it is reasonable to have expected her to bring her complaints to us if she was unhappy with the response or the Council’s handling of her complaint.
10. Further, we will not investigate Miss X complaint about the Council losing important documents and about its handling of her subject access request. This is because the Information Commissioner’s Office is better placed to consider these complaints.

Back to top

Final decision

11. We will not investigate Miss X’s complaint because it is late and there are no good reasons to exercise discretion to consider the late complaint. In addition, there is another body better placed to consider the other complaint matters.

Back to top

Investigator's decision on behalf of the Ombudsman