Summary: We will not investigate Mr X’s complaint about the Council’s refusal of a personal budget for his child. Nor will we investigate his complaint about the Council’s recovery of council tax arrears. The complaints are late and there are no good reasons why they could not have been made sooner.

The complaint

1. Mr X complained the Council refused to provide financial support through a personal budget for his child. He said this caused him financial hardship.
2. Mr X also complained the Council have started debt recovery action for council tax arrears, despite knowing Mr X is experiencing financial difficulties. He said this has been upsetting.

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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 and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. A child or young person with special educational needs may have an Education, Health and Care (EHC) Plan. This document sets out the child’s needs and what arrangements should be made to meet them. Mr X’s child has an EHC Plan.
7. A personal budget is the amount of money the council has identified it needs to pay to secure the provision in a child or young person’s EHC Plan. One way that councils can deliver a personal budget is through direct payments. These are cash payments made to the child’s parent or the young person so they can commission the provision in the EHC Plan themselves.
8. In July 2023, the Council refused Mr X’s request for a personal budget.
9. Mr X complained to the Council about its decision. In its response, it said he could make another request. The Council told me that Mr X has not made any further requests for a personal budget.
10. In July 2023, the Council sent a letter to Mr X telling him it would be taking enforcement action in relation to council tax arrears.
11. In October 2024, Mr X complained to us. He said the Council should not have started debt recovery action because it knew he was experiencing financial hardship.
12. We will not investigate Mr X’s complaint about the Council’s decision to refuse to make a personal budget for his child. This complaint is late, and I have not seen any good reason why it could not have been made sooner.
13. Nor will we investigate the Council’s decision to begin debt recovery action. This complaint is also late, and I have not seen any good reason why it could not have been made sooner and so we would not investigate it.

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Final decision

14. We will not investigate Mr X’s complaint because it is late and there are no good reasons it could not have been made sooner.

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Investigator's decision on behalf of the Ombudsman