Summary: We will not investigate this complaint that the Council failed to act when Mr Z’s independent school did not safeguard him or provide a suitable education, including the provision in his Education, Health and Care Plan. This is because the complaint is late and there are no good reasons for us to exercise discretion.

The complaint

1. Mr Z is a young person who has an Education, Health and Care Plan (EHC Plan). Over two years ago, Mr Z was attending an independent school.
2. Miss X complains on behalf of Mr Z, her child, that the independent school failed him. She complains the school seriously mistreated Mr Z, failed to safeguard him or provide a suitable education. Miss X complains the Council failed to act during this time, despite telling it that the independent school was not providing Mr Z’s special educational provision and Mr Z was traumatised. She says the impact of the situation continues to affect Mr Z and has set him back in his education by two years, which became clear at a recent annual review.

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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 most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended)
5. 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

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

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My assessment

8. We cannot investigate Miss X’s complaint about the actions of Mr Z’s independent school. This is because the law says we cannot investigate what happens in schools.
9. Miss X’s complaint about the Council’s actions between 2022 and 2023 is late. She first complained to the Ombudsman in August 2025, meaning we would not usually look at matters before August 2024. I have seen no good reasons to exercise discretion. Miss X was in contact with the Council and raising issues about the independent school between 2022 and 2023. She could have complained much sooner than August 2025.
10. Miss X said Mr Z needed time to process his experiences at the independent school before complaining. This may account for some delay, but I do not consider this provides good reasons to exercise discretion. I understand a recent annual review prompted Mr Z and Miss X to consider the continuing impact of Mr Z’s time at the independent school. But this is not a good reason to exercise discretion.
11. For these reasons, we will not investigate this complaint.

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Final decision

12. We will not investigate this complaint that the Council failed to act when Mr Z’s independent school did not safeguard him or provide a suitable education, including the provision in his Education, Health and Care Plan. This is because the complaint is late and there are no good reasons for us to exercise discretion.

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Investigator's decision on behalf of the Ombudsman