Summary: We will not investigate this complaint about the Council’s delays in assessing and issuing a final Education, Health and Care Plan. This is because the complaint it is late with no good reason to exercise discretion to investigate it now.

The complaint

1. Miss Y complains the Council has delayed in the assessment of her child for an Education, Health and Care (EHC) Plan. She says the Council did not provide any detail about the assessment process and has failed to keep her updated.
2. Miss Y says this has led to her child falling further behind in their education. She also says she has had to take the time and trouble of repeatedly chasing the Council for updates, causing her upset and frustration.

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The Ombudsman’s role and powers

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 the information provided about this complaint. Miss Y had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

5. Miss Y requested an EHC needs assessment for her child in March 2018. The Council agreed to carry out an EHC needs assessment in July 2018. More than 12 months later, following various assessments and expert reports, the Council issued a final EHC plan in August 2019.
6. Miss Y then complained to the Council. The Council provided its complaint response in November 2020. It acknowledged the difficulties Miss Y experienced in getting updates but disagreed that it had unnecessarily delayed. It offered £175 to acknowledge the emotional impact on Miss Y caused by its poor communication. Miss Y approached the Ombudsman in December.

Analysis

7. Miss Y was aware of her reason to complain about the Council’s delays and lack of communication more than 12 months ago, when the final EHC Plan was issued in August 2019. Consequently, her complaint is now late. We have discretion to disapply the rule outlined in paragraph three where we decide there are good reasons.
8. Our website provides guidance which says people should complain to us if they have not had a response within a reasonable time, this usually being within 12 weeks. While the Council did not provide its final complaint response until November 2020, it is reasonable to expect her to have followed our guidance and complained to us sooner.
9. Miss Y has not provided any good reasons why she did not bring her complaint to us within 12 months of knowing about the matter. Consequently, there is no reason to exercise our discretion and we will not investigate this late complaint.

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Final decision

10. We will not investigate this complaint. This is because the complaint is late with no good reason to exercise discretion to investigate it now.

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Investigator's decision on behalf of the Ombudsman