Summary: We will not investigate Mrs X’s complaint that the Council failed to secure the provision in her son’s Education, Health and Care Plan. The complaint is late.

The complaint

1. Ms Z complains on behalf of Mrs X and her son, Mr Y, that the Council failed to secure the provision in Mr Z’s Education, Health and Care (EHC) Plan between 2019 and 2021.
2. Ms Z says that as a result, Mr Z has been disadvantaged because he has not received the support he needs and this has also caused Mrs X distress.

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

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My assessment

6. We will not investigate this complaint. This is because Mrs X has been aware of the matters she complains about for more than 12 months. I can see no good reason why she did not complain to us sooner so I will not exercise my discretion and investigate.

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Final decision

7. We will not investigate Mrs X’s complaint because it is late.

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Investigator's decision on behalf of the Ombudsman