Summary: We will not investigate Mrs X’s complaint about the Council’s handling of her child’s school transport. The complaint is late and there is no good reason we should now investigate.

The complaint

1. The complainant, whom I shall refer to as Mrs X, complained about the Council’s handling of her request for school transport during the 2023/24 academic year. Mrs X says the Council’s actions meant her child did not attend school.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We will not start an investigation into Mrs X’s complaint.
7. The Ombudsman normally expects people to complain to us within twelve months of them becoming aware of a problem – not within twelve months of receiving a final response. Mrs X’s complaint is therefore late. We look at each complaint individually, and on its merits, considering the circumstances of each case. But we do not exercise discretion to accept a late complaint unless there are good reasons to do so. I do not consider that to be the case here. Mrs X could have complained much earlier and so we will not investigate.

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Final decision

8. We will not investigate Mrs X’s complaint because it is late and there is no good reason for us to now investigate.

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Investigator's decision on behalf of the Ombudsman