Summary: We will not investigate Ms M’s complaint about her son’s education because it is late. There is nothing we could add to the Council’s response for the short period of time we could investigate, and no worthwhile outcome achievable.

The complaint

1. Ms M complains her son B has not received a suitable education since 2018.

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 provide a free service but we must use public money carefully. We do not start or continue an investigation if we decide:

• we cannot achieve the outcome someone wants,
• we could not add to any previous investigation by the organisation, and
• there is no worthwhile outcome achievable by our investigation.

(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. Ms M complains her son B has not received a suitable education since 2018.
7. The Council issued an Education, Health and Care (EHC) Plan in 2020 when B transferred to secondary school. The Plan said B would attend a local mainstream school.
8. I understand there have been a number of referrals to the Council’s Medical Needs and Hospital Education Service (MNHES) over the years, but B has not attended school regularly.
9. Ms M complained to the Council in January 2025. The Council responded in February 2025. In August 2025, Ms M asked the Council to respond at the second stage of the Council’s complaints process. The Council responded in October 2025.
10. The Council’s investigation found there were no records in B’s files for much of his time at secondary school. The Council apologised. The Council noted Ms M had asked for education other than at school (EOTAS) to be specified in B’s EHC Plan and had appealed to the SEND Tribunal when the Council refused.
11. By the time of the Council’s final response, the Council had agreed to fund a tutor and had offered Ms M a symbolic payment of £500 to recognise the tuition she had arranged and paid for.
12. Unhappy with the outcome, Ms M complained to us. She wants the Council to help with plans for B’s future and pay compensation for the education he has missed.
13. Ms M’s complaint to us is late.
14. There are no good reasons for us to accept Ms M’s complaint about events going back to 2018 now. In any case, the lack of records would make it difficult to conduct an investigation.
15. We do not award compensation. We may recommend councils take action to address any problems we identify. This is why it is important to complain to us as soon as things go wrong.
16. I have considered Ms M’s complaint from October 2024 (twelve months before she complained to us) to January 2025 (when she complained to the Council).
17. The Council apologised for the lack of records, agreed to fund a tutor and offered a symbolic payment for tuition Ms M had arranged herself. Further investigation of this short period of time would not lead to a different outcome. There is nothing we could add to the Council’s response. We cannot achieve the outcome Ms M wants. There is, regrettably, no worthwhile outcome achievable.

Back to top

Final decision

18. We will not investigate Ms M’s complaint because it is late. There is nothing we could add to the Council’s response for the short period of time we could investigate and no worthwhile outcome achievable.

Back to top

Investigator's decision on behalf of the Ombudsman