Summary: We will not investigate this complaint that the Council failed to make appropriate alternative educational provision for Mrs X’s child between September 2022 and July 2024. This is because the complaint is late and there are no good reasons to exercise discretion to consider it now.

The complaint

1. Mrs X complained the Council failed to provide alternative educational provision for her child, Y, between September 2022 and July 2024 when they were unable to attend school. Mrs X said this caused her distress.

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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)

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How I considered this complaint

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

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My assessment

5. In January 2024, Mrs X complained to the Council. In February 2024, the Council declined to investigate due to a tribunal process. In June 2024 the tribunal process ended, and Mrs X asked the Council to progress her complaint. The Council did not complete its complaints process.
6. Mrs X complained to the Ombudsman in October 2025. Mrs X was aware of the issues she complained about more than 12 months prior to her complaint to us. I have seen no good reasons Mrs X could not have complained to the Ombudsman sooner. Although the Council did not respond to Mrs X’s re-submitted complaint in June 2024, it was open to Mrs X to approach the Ombudsman sooner if she was dissatisfied with the Council’s lack of response, and it is reasonable to have expected her to do so. Consequently, we will not investigate this complaint.

Final decision

7. We will not investigate Mrs X’s complaint because it is late and there are no good reasons to consider it now.

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Investigator's decision on behalf of the Ombudsman