Summary: We will not investigate this complaint about the Council’s alleged failure to provide suitable school placements for the complainant’s son during his primary and secondary education. This is because the complaint is late and there is no good reason to exercise discretion to consider it.

The complaint

1. The complainant, to whom I refer here as Miss Z, says that the Council failed in providing consistent schooling for her son, who had to change schools six times during his primary and secondary education. This resulted in his social isolation and depression.

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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 Miss Z and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss Z says that her son’s educational experience until 2018 was unsatisfactory and led to his current depression and social isolation.
7. When considering whether there are any good reasons to look at this late complaint I established that Miss Z’s son has special educational needs (SEN) and in 2013 received a Statement of special educational needs. From 2013 Miss Z has been able to dispute school placements, identified as suitable for her son by the Council, by using her appeal rights to the First Tier Tribunal.
8. Moreover, considering Miss Z’s son’s SEN, it would not be possible to determine whether his current depression and social isolation are caused by too many changes in his school placements during his earlier education, especially as, according to Miss Z, he received good support in his recent Key Stage (KS)3 and KS4 placement.

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Final decision

9. We will not investigate Miss Z’s complaint because it is late and there is no good reason to exercise discretion to consider it.

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Investigator's decision on behalf of the Ombudsman