Summary: We will not investigate Mrs X’s complaint about the Council’s failure to issue her child’s Education, Health and Care Plan within statutory timescales. Her complaint is late and there are no good reasons to consider it now.

The complaint

1. Mrs X complains the Council delayed issuing her child’s Education, Health and Care (EHC) Plan within statutory timescales, following the annual review meeting in June 2022.
2. She also complains about the Council’s complaint handling and communication on the matter.

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

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My assessment

6. Mrs X brought her complaint to us in December 2024. Evidence shows she was aware of the issues she complains about as early as August 2022.
7. I will not investigate Mrs X’s complaint because it is late and there are no good reasons to exercise discretion. Mrs X says she thought a representative had brought this complaint to us on her behalf. There are no good reasons why Mrs X could not have pursued this directly with us sooner if she wished.

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Final decision

8. We will not investigate Mrs X’s complaint because it is late.

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Investigator's decision on behalf of the Ombudsman