Summary: We will not investigate this complaint about the Council’s handling of a school admissions matter. The complaint is late, and it is reasonable to expect Mr X to have complained to us sooner.

The complaint

1. Mr X complains the Council wrongly withdrew an offer of a school place for his child because the family were living out of its area.
2. Mr X says this caused distress and uncertainty.
3. Mr X wants the Council to apologise and review its processes.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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

6. I considered information provided by Mr X
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The 12-month period runs from the day the person affected had notice of the matters alleged in the complaint (i.e. the actions complained about).
9. The Council told Mr X it was withdrawing the school place more than 12 months ago. From the evidence, there is no good reason why Mr X could not have complained to us earlier. Since the complaint is late, we will not investigate it.

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Final decision

10. We will not investigate Mr X’s complaint because the complaint is late, and it is reasonable to expect Mr X to have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman