Summary: We cannot investigate this complaint about concerns Ms X had in relation to how her child was treated at school. The law does not allow us to investigate what happens in schools. Nor will we investigate the Council’s decision not to assess Ms X’s child for an Education, Health, and Care (EHC) Plan. That complaint is late and there are no good reasons to consider it now.

The complaint

1. Ms X said her child (Y) was treated unfairly by their school and this led to periods where they went without education. Ms X also said the Council did not do enough to support children with special educational needs (SEN) and it was wrong to have refused to assess Y for an 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 most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended)
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. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), 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. Ms X said Y was treated unfairly while at school and this led to periods where they were excluded from school. Ms X complained about this to the Council. We cannot investigate any aspect of this part of the complaint, because the law at paragraph three does not allow us to.
9. Ms X said the Council did not do enough to ensure children with SEN get the right level of support to ensure good schooling. She wants Y to be placed in the right setting and said the Council were wrong to have earlier refused to assess Y for an EHC Plan.
10. Ms X complained to us in October 2025, and this part of her complaint relates to a decision the Council gave her in June 2024. It is therefore late and there are no good reasons to consider it now.
11. In any case, had Ms X complained to us within 12 months, we still would not have considered it. This is because Ms X would have had a right to appeal the Council’s decision to the First-tier Tribunal (Special Educational Needs and Disability).
12. Given it is only they that could overturn such a decision or direct the Council to name a placement for Y, and we cannot, it would have been reasonable for Ms X to use her appeal right.

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Final decision

13. We cannot investigate Ms X’s complaint about schools, and the other part of her complaint is late and there are no good reasons to consider it now.

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Investigator's decision on behalf of the Ombudsman