Summary: We will not investigate Miss X’s complaint about the Council’s failure to provide alternative education to her child or its failure to secure the content of her child’s Education, Health and Care Plan. The complaint is late, and there are no good reasons to exercise our discretion to investigate now.

The complaint

1. Miss X complains the Council failed to:
1. provide alternative educational provision to her child, Y, when they became unable to attend school from October 2023 to July 2024; and
2. secure the content of Y’s Education, Health and Care (EHC) Plan between May 2024 and July 2024.
2. Miss X said the matter caused her frustration. She said Y missed out on their educational provision and the content of their EHC Plan.

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The Ombudsman’s role and powers

3. 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

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

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My assessment

6. We will not investigate Miss X’s complaint. Miss X complained to the Ombudsman in August 2025. The issues Miss X complained about happened between October 2023 and July 2024, and Miss X was aware of these issues at the time. The complaint matters are therefore late. I have seen no good reasons Miss X could not have complained sooner. Consequently, we will not investigate this complaint.

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Final decision

7. We will not investigate Miss X’s complaint because it is late, and there are no good reasons to exercise our discretion.

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Investigator's decision on behalf of the Ombudsman