Summary: Mrs X complained the Council failed to provide the provision set out in her child’s Education Health and Care plan. She says that staff did not have the correct training. We will not investigate this complaint because it is late and there is no good reason to consider it now. The events relate to matters which occurred in 2023 and earlier.

The complaint

1. Mrs X complains the Council failed to provide provision set out in her child’s Education, Health and Care (EHC) plan. She says that staff did not have the correct training.
2. Mrs X confirms that this issue has caused her child trauma and has been treated with a lack of dignity.

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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 evidence provided by Mrs X and the Council as well as relevant law, policy and guidance.
6. Mrs X and the Council had the opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

7. Mrs X says the Council failed to provide provision whilst her child was attending college. Mrs X has confirmed that her child left college in December 2023.
8. I have not investigated the complaint as it is late, and I can see no good reason why it could not have been raised sooner. Late complaints are when someone takes more than 12 months to complain to us about something a council has done.

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Decision

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

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Investigator's decision on behalf of the Ombudsman