Summary: We will not investigate this complaint about delay in the complainant’s son’s Education Health and Care Needs Assessment. The complaint is late and there are no grounds to investigate it now.

The complaint

1. The complainant, who I will refer to as Mrs X, complains that the Council delayed her son’s Education Health and Care Needs Assessment and has failed to offer an appropriate remedy for the fault on its part.

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The Ombudsman’s role and powers

2. 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. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X says her sons Education Health and Care Needs Assessment was subject to delay, and that this led to a delay in issuing her son with an Education Health and Care Plan. Although her complaint was upheld and the Council has apologised, she says the remedy the Council has offered is inadequate. She wants an increased financial settlement, assurances on the Council’s current and future performance, and a further apology.
6. The Ombudsman will not investigate this complaint because it is late. Late complaints are where someone takes more than 12 months to complain to us. The evidence shows that the matters leading to the complaint took place in 2021, and that Mrs X was made aware of her right to complain to us in August 2021. The complaint is therefore late.
7. The Council reviewed the complaint in 2023 and has increased the financial remedy it offered Mrs X in 2021. Mrs X regards the increased offer as inadequate. She did not complain to us about the original remedy offer and an increased remedy does not provide grounds for us to accept the complaint now.

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Final decision

8. We will not investigate Mrs X’s complaint because it is late and there are no grounds to consider it now.

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Investigator's decision on behalf of the Ombudsman