Summary: We will not investigate Mrs X’s complaint about the Council’s failure to assess her child’s eligibility for school transport assistance. This is because the complaint is late and there is no good reason to exercise discretion to investigate.

The complaint

1. Mrs X complained the Council failed to assess her child for school transport assistance eligibility after they received an education, health and care plan (EHC Plan).

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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 Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X’s child Y received an EHC Plan in May 2024. Mrs X contacted the Council in August 2024 to make enquiries for her other child. The Council did not make Mrs X aware Y may be eligible for school transport assistance at this point.
7. In February 2025 Y began receiving school transport assistance. Mrs X complained the Council failed to make her aware Y may have been eligible for transport assistance when they received their EHC plan.
8. The Council told Mrs X it was her responsibility to ask for assistance, but it should have signposted her when she contacted it in August 2024, as Y would have received it from September 2024. The Council agreed to backdate Y’s travel assistance to September 2024.
9. Mrs X remains unhappy and wants the Council to provide backdating from an earlier period. The Ombudsman will not usually exercise discretion to investigate complaints regarding events that took place more than 12 months ago unless there are good reasons to do so. It would have been reasonable for Mrs X to bring this complaint to us sooner given the events complained about took place more than 12 months prior to her contacting us. In addition, it would not be reasonable to expect a council to notify every parent of a child that receives an EHC Plan that they may be eligible for school transport. The Council has agreed to backdate to the time when Mrs X contacted it. This is reasonable. There is no good reason to exercise discretion to investigate this matter.

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Final decision

10. We will not investigate Mrs X’s complaint because the complaint is late and there is no good reason to exercise discretion to investigate.

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Investigator's decision on behalf of the Ombudsman