Summary: We will not investigate Mrs X’s complaint about the Council’s Education, Health and Care assessment of her child, Y, in 2022 because it is late. We cannot investigate some of Mrs X’s complaints about support provided to Y in school because the law says we cannot. We will not investigate Mrs X’s complaints about the most recent Education, Health and Care process in 2024 because there is insufficient evidence of fault.

The complaint

1. Mrs X complained the Council:
1. failed to adhere to the statutory timescales following her request for an Education, Health and Care (EHC) needs assessment of her child, Y, in 2022;
2. failed to provide adequate support and funding for her child, Y, who has special educational needs; and
3. delayed making an EHC plan for Y following a further request for an EHC needs assessment in 2024 and about the EHC process in general.
2. Mrs X said the matter caused her frustration and distress.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended)
5. 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)
6. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

7. I considered information provided by the complainant.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

EHC needs assessment process in 2022

9. We will not investigate this complaint. Mrs X was aware of the matters complained about more than 12 months ago. The law says we cannot investigate late complaints unless we decide there are good reasons.
10. Mrs X brought her complaint to the Ombudsman in May 2025. I have seen no good reasons Mrs X could not have complained about these matters sooner. Therefore, we will not investigate any matter which happened before May 2024.

Support for Y’s SEN in school

11. We cannot investigate Mrs X’s complaint that the Council failed to provide appropriate funding to Y’s school to support their special educational needs.
12. This is because the matter complained about relates to the internal processes of the school. The law specifically prohibits the Ombudsman from considering how schools educate children unless that child has an EHC Plan, which Y did not.
13. Any issues arising from a lack of funding is a matter for the school and the Council. Therefore, we cannot investigate this complaint.

EHC process in 2024

14. Mrs X complained about the EHC process following a further request to assess Y’s needs in mid-May 2024.
15. The EHC process and timescales are set by law. Although Mrs X found the process to be protracted, the Council is bound by the legislation produced by Parliament when conducting the EHC needs assessment process and in the subsequent production of an EHC Plan.
16. Following Mrs X’s request for a further EHC needs assessment of Y the Council decided to assess Y after four days. The law allows the Council six weeks to make this decision.
17. Once the assessment was complete, the Council decided to make an EHC Plan for Y. The deadline for completing the final EHC Plan was early October 2024. The Council made the final EHC Plan significantly sooner – by mid-August 2024.
18. Consequently, there is insufficient evidence of fault to warrant an investigation by the Ombudsman, and we will not investigate this complaint.

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Final decision

19. We will not investigate part of Mrs X’s complaint because it is late. We cannot investigate some of Mrs X’s complaints because they relate to internal school processes. We will not investigate the remainder because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman