Summary: We will not investigate Mrs X’s complaint about a lack of education as there are no good enough reasons not to apply the late complaint rule.

The complaint

1. Mrs X says the Council failed to provide an education to her child, B, for a year.

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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)

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How I considered this complaint

3. I considered information provided by Mrs X and the Council’s replies to her.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. B has an Education Health and Care Plan (EHC Plan). B had difficulties attending their school in the Autumn term of 2023. B’s school held an EHC Plan annual review in October 2023 and sent the paperwork to the Council. Mrs X complained to the Council and other bodies in January 2023 about the lack of education and progress on sorting this out. The Council replied in April 2023. Mrs X says B started a new placement in September 2023.
6. Mrs X complained to the Council in June 2024 about the missed education and the problems this caused between the Autumn of 2022 and the end of the school year in July 2023. The Council replied in July 2024. Mrs X then complained to us.
7. We cannot investigate a complaint about events known to Mrs X for more than 12 months without good reasons. Mrs X has explained the stress and reasons for not complaining to us sooner. These are not good enough reasons for us to exercise discretion not to apply the 12 months rule, as they are the same issues many parents with EHC Plan children experience.

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Final decision

8. We will not investigate Mrs X’s complaint because there are not good enough reasons not to apply the late complaint rule.

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Investigator's decision on behalf of the Ombudsman