Summary: We will not investigate Miss X’s complaint brought on behalf of Mr Y about the Council’s failure to provide alternative education to Mr Y when he was permanently excluded from his school when he was a child in 2022, or its failure to secure the content of Mr Y’s Education, Health and Care Plan during the same period because the complaint is late.

The complaint

1. Miss X complains on behalf of Mr Y. Miss X said the Council:
1. failed to organise alternative education for Mr Y when he was permanently excluded from school in 2022 when he was a child; and
2. failed to deliver the content of Mr Y’s Education, Health and Care (EHC) Plan to him between early 2022 and July 2023 when he was a child.
2. Miss X said the matter caused her distress and affected Mr Y’s education.

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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)
5. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)

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How I considered this complaint

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

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My assessment

8. We will not investigate this complaint. The primary issues complained about happened in early 2022 and continued into summer 2023. Miss X brought the complaint to the Ombudsman in September 2025. Miss X was aware of the issues more than 12 months before she brought the complaint to us. The complaint is therefore late.
9. Miss X said there were several reasons for the delay. This included, but was not limited, to:
1. approaching her local MP for support during her complaint to the Council;
2. a delay in the Council’s complaints process; and
3. personal family circumstances which meant she was unable to pursue a complaint at the time.
10. The Council sent Miss X a final response signposting to the Ombudsman in July 2024. It was open to Miss X to approach the Ombudsman from that point.
11. Although Miss X explained the personal reasons for not approaching the Ombudsman sooner, I do not consider these are sufficient to explain a delay of 14 months in bringing the complaint to us. Consequently, I will not exercise discretion to consider this complaint.

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Final decision

12. We will not investigate Miss X’s complaint because it is late.

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Investigator's decision on behalf of the Ombudsman