Bury Metropolitan Borough Council (25 009 751)
Category : Education > Special educational needs
Decision : Closed after initial enquiries
Decision date : 03 Aug 2025
The Ombudsman's final decision:
Summary: It is too late to investigate Ms M’s complaint about the education, health and care (EHC) plan the Council issued for her daughter’s transition to secondary school.
The complaint
- Ms M complains about the education, health and care (EHC) plan the Council issued for her daughter Z’s transition to secondary school. She says there was significant delay, therapy recommended in professional reports was not included in the plan, and the Council changed mediation providers without telling her.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by Ms M.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Based on the information I have seen, it appears that Ms M and the Council had not reached an agreement about the arrangements for Z’s secondary education by 15 February 2024, the deadline for updating her EHC Plan. Ms M was unhappy with the Council’s proposals.
- Ms M wanted mediation, but there were problems due to a change in mediation service used by the Council.
- Ms M complained to the Council and the Council responded on 20 March 2024.
- By the time the Council responded to Ms M’s complaint, it had agreed Z would attend the secondary school of Ms M’s choice. The Council said the school would hold an annual review and update Z’s Plan.
- Ms M complained to us on 29 April 2025.
- It is too late for us to investigate Ms M’s complaint. Ms M complained to us more than 12 months after the events she is unhappy with.
- There should have been an annual review of Z’s EHC Plan in the last 12 months. This was an opportunity for Ms M to raise her concerns and ask for changes to Z’s Plan.
Final decision
- It is tool late to investigate Ms M’s complaint about the EHC Plan the Council issued for her daughter Z’s transition to secondary school.
Investigator's decision on behalf of the Ombudsman