Summary: We will not investigate Mrs X’s complaint about the Council’s actions during an Education Health and Care Plan assessment. There are no good reasons the late complaint rule should not apply.

The complaint

1. The complainant, whom I shall call Mrs X, says the Council carried out a poor Education Health and Care Plan (EHC Plan) assessment process. She says this caused her to incur costs, caused delays and meant she had to appeal to the Tribunal.

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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 has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

4. I considered information provided by Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X says she asked the Council to assess her child, Y, in October 2020 for an EHC Plan. She says the process took too long, and the Council did not assess Y’s needs properly. She says the final EHC Plan issued in October 2021 did not meet Y’s needs. She appealed to the Tribunal. It decided the case in early October 2022. Mrs X complained to the Council in early October 2023 and then to us late in the month.
7. Mrs X says she incurred legal and other costs in the assessment process and appeal. She thinks the Council should pay for these costs. She says if the Council had properly engaged in the process the costs would not have been incurred.

Analysis

8. Mrs X complained to us more than 12 months from the date she became aware of the reasons she is complaining. We cannot investigate events known to Mrs X for more than 12 months unless there are good reasons to do so. Here there are not because:
1. Mrs X left it a full year between the Tribunal hearing and making any complaint to the Council.
2. Mrs X says she did not complain because she could not face it following the stress caused by the assessment process and appeal. This is not a good enough reason.
3. We cannot investigate the cost Mrs X incurred because the Tribunal could have made a costs order. We cannot investigate anything which the Tribunal had the powers to order even if it was not asked.

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Final decision

9. We will not investigate Mrs X’s complaint because there are no good reasons the late complaint rule should not apply.

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Investigator's decision on behalf of the Ombudsman