Summary: We will not investigate Mrs X’s complaint about education matters known to her for more than 12 months. There are no reasons to justify disapplying the late complaint rule. It is reasonable to expect Mrs X to complain to the Council about events since then before we could consider them.

The complaint

1. Mrs X says the Council failed to provide her child Y with a suitable education and support that they needed.

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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)
3. 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)

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How I considered this complaint

4. I considered information provided by Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council agreed in September 2023 to carry out an Education Health and Care Plan (EHC Plan) needs assessment. After completing the assessment, it issued a final EHC Plan in January 2024. This named a school for Y to attend.
7. Y struggled to attend school. The Council held two meetings in June about this and how the Council could help. In September 2024 Y started at a new school.
8. Mrs X says the Council failed to carry out the action agreed at the June 2024 meetings. She says Y was out of school for long periods.

Analysis

9. We cannot investigate events known to Mrs X for more than 12 months without good reasons. Here there are no reasons to justify looking at events before the end of July 2024.
10. Mrs X complained to the Council in June 2024 and it replied in July 2024 and the beginning of August 2024. It has not had the opportunity to reply to Mrs X complaint about events since August 2024. It is reasonable to expect Mrs X to complain to the Council before we can consider her complaint.

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Final decision

11. We will not investigate Mrs X’s complaint because there are no reasons to justify investigating events known to Mrs X for more than 12 months. And it is reasonable to expect her to complain to the Council about more recent events.

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Investigator's decision on behalf of the Ombudsman