Summary: We will not investigate Ms X’s complaint about how the Council delivered the content of her child, Y’s, Education, Health and Care Plan to them between 2020 and summer 2023, about matters relating to free school meals, or issues regarding school transport. This is because the complaint is late, and there are no good reasons to exercise discretion to investigate now. Matters after summer 2023 are new complaints.

The complaint

1. Ms X complained the Council:
• failed to deliver the content of her child, Y’s, Education, Health and Care Plan to them since 2020;
• failed to organise free school transport; and
• failed to pay her for free school meals Y was entitled to when they were unable to attend school.
2. Ms X says the issues complained about caused her frustration and distress and caused Y to miss out on their education.

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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)
4. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

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

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My assessment

7. We will not investigate Ms X’s complaints about matters relating to her child’s education since 2020. This is because the complaint is late. Ms X complained to the Ombudsman in August 2024. The matters Ms X complained to the Council about happened between 2020 and summer 2023. The law says we can only investigate matters up to 12 months prior to a complainant bringing a complaint to us unless we decide there are good reasons. There are no good reasons Ms X could not have brought the complaint to the Ombudsman sooner. Therefore, we will not investigate this complaint.

Matters after September 2023

8. Ms X said the issues she complained about are ongoing. However, Y started a new school in September 2023, and the Council sent a final complaint response at around the same time.
9. Therefore, any complaints about events that happened after September 2023 are new complaints. There are no good reasons for the Ombudsman to exercise discretion to investigate those matters before the Council has had the opportunity to do so. If Ms X is unhappy with the Council’s actions following September 2023, she can raise a new complaint with the Council in the first instance for it to consider.

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Final decision

10. We will not investigate Ms X’s complaint. This is because the complaint is late, and there are no good reasons to exercise discretion to investigate. Matters after summer 2023 are new, and there are no good reasons to investigate before the Council.

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Investigator's decision on behalf of the Ombudsman