Summary: We will not investigate this complaint about the Council not providing suitable education to Mr Y and not complying with the agreed actions following a previous Ombudsman investigation. The complaints are late and there are no good reasons to investigate them now. We cannot achieve anything for Mrs X and Mr Y by investigating the complaint about the Council not providing transport for Mr Y.

The complaint

1. Mrs X complains on behalf of Mr Y. She complains that the Council:

• Did not provide Mr Y with education or suitable alternatives to education for a number of years.
• Failed to implement the recommendations made by the Ombudsman in 2019.
• Failed to provide transport in accordance with Mr Y’s transition plan to enable him to attend his education provision.

2. Mrs X says that as a result Mr Y has limited time left to be supported by an Education, Health and Care Plan. It also caused him to have a sense of worthlessness. Mrs X says the Council’s actions have caused distress to her.

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The Ombudsman’s role and powers

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. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide further investigation would not lead to a different outcome (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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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. We will not investigate Mrs X’s complaint about the Council not providing Mr Y with suitable education for a number of years as it is late. We are mindful that the Council completed its consideration of Mrs X’s complaint in September 2025. But the timescale for making a complaint to us runs from when a person is first aware of their complaint. It is not from when they complain to the Council and receive its final response. Mr Y started Education Other Than at School (EOTAS) in autumn 2024. So, Mrs X and Mr Y will have been aware of their concerns about a lack of suitable education before the EOTAS provision more than 12 months before making the complaint to us. The complaint is therefore late and there are no good reasons to investigate it now.
8. We will not investigate Mrs X’s complaint about the Council not implementing our agreed actions following our investigation of 2019. Mrs X will have been aware of her concerns more than 12 months before she made the complaint to us. So, the complaint is late and there are no good reasons to investigate it now.
9. We will not investigate Mrs X’s complaint about the Council failing to provide transport to Mr Y. The Council agreed to provide transport to Mr Y from September 2025. It also reimbursed Mrs X for the costs of Mr Y’s transport for the period before it agreed the transport provision. An investigation would not achieve any more for Mrs X and Mr Y.

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Final decision

10. We will not investigate Mrs X’s complaints about the Council not providing suitable education for Mr Y and not implementing the agreed actions following a previous Ombudsman investigation. The complaints are late and there are no good reasons to investigate them now. We will not investigate Mrs X’s complaint about the Council not providing transport for Mr Y as the Council has resolved the matter and we could not achieve any more.

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Investigator's decision on behalf of the Ombudsman