London Borough of Newham (23 015 992)
Category : Education > Special educational needs
Decision : Closed after initial enquiries
Decision date : 20 Feb 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the education provided to the complainant’s son. The complaint is late. Mr X could have complained sooner and there is no good reason to exercise our discretion to investigate.
The complaint
- Mr X complained about the education provided to his son between September 2019 and December 2021.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Ombudsman normally expects people to complain to us within twelve months of them becoming aware of a problem. We look at each complaint individually, and on its merits, considering the circumstances of each case. But we do not exercise discretion to accept a late complaint unless there are good reasons to do so. I do not consider that to be the case here.
- Mr X was aware of the matters complained about when they took place. This is shown by the fact he complained to the Council. Mr X also appealed to the SEND Tribunal and has complained about other matters. There is no good reason Mr X could not have complained earlier and so we will not investigate.
Final decision
- We will not investigate Mr X’s complaint because it is late. There is no good reason to exercise our discretion to investigate the matters complained about.
Investigator's decision on behalf of the Ombudsman