Summary: The Ombudsman will not investigate Mr Q’s complaint about the Council’s alleged failure to give him any funding to home educate his son while it found a suitable school for him. This is because the complaint is late.

The complaint

1. The complainant, who I have called Mr Q, complained that Torbay Council failed to give him funding to home educate his son while it found a suitable school for him. He also complained that his son is currently receiving only two hours tuition a day.

Back to top

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)
4. The law says we cannot normally investigate a complaint unless we are satisfied the Council 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 Council of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5))

Back to top

How I considered this complaint

5. I considered the information Mr Q provided. I considered the information the Council provided. I discussed a draft of this decision with Mr Q and considered the comments he made.

Back to top

What I found

What happened

6. Mr Q’s son, M, has an Education, Health and Care Plan.
7. In 2017 Mr Q and his family moved into the Council’s area. M started at Z School in September 2017. Mr Q said the placement broke down in December 2017 and he then withdrew M from Z School. He home-educated M until the Council provided another school place for him in September 2018. Mr Q had to give up his job to home-educate M.
8. Mr Q said the Council told him it would provide funding while he home-educated M. However, in August 2018 the Council denied saying it would provide funding.
9. In November 2019 Mr Q complained to the Council. In his complaint form he said “I have since sought legal advice and advice from the Citizen’s Advice Bureau, both of which have told me to start by making this complaint”. The Council responded to Mr Q’s complaint in December 2019 confirming it would not reimburse his costs or loss of earnings. He complained to us in January 2020.
10. Mr Q also complained that M is currently receiving only two hours tuition a day and is not in suitable education.
11. Mr Q would like the Council to pay him the money he believes he is owed to cover the time he was off work educating M. He told me he went through the Council’s complaints procedure and complained to us as soon as he could do so.

Analysis

12. We will not investigate this complaint.
13. The events complained of regarding the funding happened in 2017/18. Mr Q knew in August 2018 that the Council would not provide funding. It was open to Mr Q to get legal advice or go to a Citizen’s Advice Bureau at that time. Had he done so, he could have complained to the Council much sooner, and brought the complaint to us much earlier. But Mr Q did not complain to the Council until 15 months later in November 2019, and we did not receive the complaint until January 2020. So the complaint was already late by the time Mr Q complained to the Council. There are no good reasons for us to consider it now.
14. Mr Q said M is receiving only two hours tuition a day and is not in suitable education. We have no evidence showing Mr Q has complained to the Council about this. It would be reasonable for Mr Q to complain to the Council first to give it an opportunity to investigate and respond.

Back to top

Final decision

15. We will not investigate this complaint for the reasons given in the Analysis.

Back to top

Investigator's decision on behalf of the Ombudsman