Summary: We will not investigate this complaint about the Council’s failure to provide suitable educational provision, while the child was out of school, and deliver the special educational provision. Part of this 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. Mr X complained the Council failed to provide his granddaughter with suitable education while she was out of school. He also says it has not provided her with the support outlined in her Education, Health and Care (EHC) plan.
2. He says this meant she missed the education she was entitled to and has affected her mental health and others in the family.

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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 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

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

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My assessment

7. Mr X says that between 2018 and 2021 his granddaughter was out of school. He complained the Council failed to provide her with suitable education during this time and ensure she received the provision outlined in her EHC plan.
8. We will not investigate Mr X’s complaint as this complaint is late. I can see no good reason Mr X could not have approached us sooner about this complaint.
9. Mr X says the Council is still not providing his granddaughter with a suitable education or the education outlined in her EHC plan. He has not complained to the Council about these recent matters so we will not investigate. If Mr X is dissatisfied with the Council’s recent actions, it is reasonable for him to submit a complaint to the Council and allow it the opportunity to consider the complaint and reply.

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Final decision

10. We will not investigate Mr X’s complaint because part of his complaint is late and the Council has not had the opportunity to consider the more recent parts through its own complaints procedures.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman