Summary: We will not investigate this complaint about the education, health and care plan process and the lack of provision because the complaint is late and there are no reasons we should exercise discretion to consider it now.

The complaint

1. Mr X complains about the Council’s failure to maintain and provide the support in his child’s Education, Health and Care (EHC) Plan.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. 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

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

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My assessment

7. Mr X complained to the Council in 2023 about his concerns about his child’s EHC Plan and provision. The Council sent its final response to Mr X in October 2023.
8. This complaint is late and there are no good reasons we should exercise discretion to consider it now.
9. Mr X says the Council has failed to issue an EHC Plan in 2025 and failed to provide the provision outlined in the plan. We cannot investigate complaints until the Council has had an opportunity to investigate and reply. Mr X needs to submit a fresh complaint about recent issues to the Council and exhaust its complaints process before bringing his complaint to the Ombudsman.

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Final decision

10. We will not investigate Mr X’s complaint because the complaint is late.

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Investigator's decision on behalf of the Ombudsman