Summary: We will not investigate Ms X’s complaint about the Council’s decision to cease her son’s Education, Health and Care Plan. This is because it is reasonable to expect Ms X to ask the tribunal to consider a late appeal of the Council’s decision.

The complaint

1. Ms X complains on behalf of her son, Y. She complains the Council ceased Y’s Education, Health and Care (EHC) Plan in April 2023 without notifying her of its decision.
2. She also complains about the Council’s poor communication.

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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 when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
5. The First-tier Tribunal (Special Educational Needs and Disability) considers appeals against council decisions regarding special educational needs. We refer to it as the Tribunal in this decision statement.

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How I considered this complaint

6. I considered information provided by Ms X.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The Council decided to cease Y’s EHC Plan in April 2023. However, Ms X says she did not receive notification of the Council’s decision at the time. Rather, she became aware of it in November 2024. She then complained to us in February 2025. I consider this is a good reason to exercise discretion to consider a late complaint.
9. However, I will not investigate. This is because it is reasonable to expect Ms X to ask the SEND Tribunal to consider a late appeal of the Council’s decision.
10. It would not be a good use of public money to consider ancillary issues such as the Council’s communication in isolation when I will not investigate the substantive issue.

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Final decision

11. We will not investigate Ms X’s complaint because it is reasonable to expect her to ask the tribunal to consider a late appeal of the Council’s decision.

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Investigator's decision on behalf of the Ombudsman