Summary: We will not investigate Ms X’s complaint about the education and special educational support provided to her child, Y, since 2022. Part of the complaint is late and the Council has not yet had the opportunity to consider and respond to a complaint about more recent matters.

The complaint

1. Ms X complains the Council failed to provide education and deliver the special educational provisions in her child, Y’s Education, Health and Care Plan since 2022. She says Y has missed out on support, and the matter has caused her distress and financial loss.
2. She wants the Council to compensate her for the loss of education and missed provisions and for the distress caused.

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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 unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
5. 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 it would be reasonable for the person to ask for a council review.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Ms X complains about the Council’s actions since 2022. She complained in May 2023 and the Council responded to her complaint, providing a final response in June 2023. The response directed her to our service if she remained dissatisfied. Ms X brought her complaint to us in June 2025.
9. We will not investigate the Council’s actions before June 2024 as this part of the complaint is late. I can see no good reason why Ms X could not have approached us sooner, if she remained dissatisfied at that time.
10. Ms X says the Council is still not delivering provisions in Y’s Education, Health and Care Plan but I have seen no evidence she has complained to the Council about recent matters so we will not investigate. If Ms X is dissatisfied with the Council’s actions since June 2024, it is reasonable for her to submit a complaint to the Council about these matters to allow the Council the opportunity to consider her complaint and reply.

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Final decision

11. We will not investigate Ms X’s complaint. Part of her complaint is late and the Council has not had the opportunity to consider the more recent parts through its own complaints procedures.

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Investigator's decision on behalf of the Ombudsman