Summary: We will not investigate this complaint about the Council’s handling of the complainant’s child’s Education Health and Care Needs Assessment and its failure to ensure her child received his entitlement to funded hours at nursery. The complaint is late and there are no good reasons for us to investigate it now.

The complaint

1. Miss X complains the Council unlawfully declined an Education Health and Care Needs Assessment (EHCNA) and did not secure the relevant provision for six months for her child, Y. She further complains that it has declined to reimburse the cost of a report she obtained privately, and failed to ensure Y received his entitlement to funded nursery hours. She says this caused stress and trauma and impacted on her employment.

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The Ombudsman’s role and powers

2. 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

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The events about which Miss X complains took place between 2022 and July 2024. Her complaint is therefore late. Late complaints are where a complainant takes more than 12 moths to complain to us. This restriction applies to the complaint and there are no good reasons for us to investigate it now.

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Final decision

6. We will not investigate Miss X’s complaint because it is late and there are no good reasons to investigate it now.

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Investigator's decision on behalf of the Ombudsman