Summary: We will not investigate Miss X’s complaint about her child’s education provision as her complaint is made too late. Miss X also complains about the Council’s delay in writing to her about the child’s Education, Health and Care Plan. However, she has not yet complained to the Council on this point.

The complaint

1. Miss X complains the Council failed to monitor her child’s attendance and provide an education that met her child’s needs between 2021 and 2023. She says the Council did not offer enough support.
2. Miss X also complains the Council has delayed contacting her with an update following a review of her child’s Education, Health and Care Plan (EHCP) in April 2025. She said she has contacted the Council several times but has not received a response.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6).

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How I considered this complaint

6. I considered information provided by Miss X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Miss X complains her child did not receive enough educational support between 2021 and 2023. We note Miss X complained to us in 2025.
9. We will not investigate this part of her complaint because it is late and we have seen no good reason why she could not have complained to us sooner.
10. We will not investigate the second part of Miss X’s complaint because the Council has not had an opportunity to consider her complaint and respond. If she remains unhappy with the Council’s delay, she can raise this as a new complaint.

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Final decision

11. We will not investigate Miss X’s complaint because the first part of it is late and we have found no good reason why she could not have come to us sooner. The second part of her complaint is premature, and it is open to Miss X to raise a new complaint about the Council’s delay.

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Investigator's decision on behalf of the Ombudsman