Summary: We will not investigate this complaint about the Council’s refusal to respond to a request for reassessment, alternative educational provision and the delivery of an Education, Health and Care Plan. This is because the complaint is late and there is no good reason to exercise discretion to investigate it now.

The complaint

1. Mrs Y complained the Council refused to respond to a request for an Education, Health and Care Plan (EHCP) reassessment for her child, Z.
2. Mrs Y complained about the Council’s failure to provide alternative educational provision Z She says this is a breach of its Section 19 duty under the Education Act 1996.
3. Mrs Y complained about the Council’s failure to deliver Z’s EHCP.
4. Mrs Y wants the Council to compensate for the missed education, stress and anxiety caused. She also wants the Council to apologise.

Back to top

The Ombudsman’s role and powers

5. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
6. 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)

Back to top

How I considered this complaint

7. I considered information provided by Mrs Y and the Council.
8. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

9. Mrs Y requested an EHCP reassessment for Z in February 2024. She says the Council refused to respond to her request and failed to provide a timely reassessment. Mrs Y came to us in November 2025. We expect a person to complain to us within 12 months of being aware of a matter. It would be reasonable to expect Mrs Y to have brought her complaint to us sooner.
10. Mrs Y also complained that the Council failed to deliver Z’s EHCP. She says Speech and Language Therapy was not provided to Z because the Council failed to pay the provider. Mrs Y was aware of this issue in June 2024. She did not come to us until November 2025. Therefore, this part of the complaint is also late.
11. Mrs Y complained about the Council’s failure to provide alternative educational provision for Z. She says Z’s attendance at school dropped in October 2023, and the Council were aware in January 2024. Z’s EHCP was updated in May 2024, but Mrs Y was still concerned with the hours of education in July 2024. Mrs Y came to us in November 2025. Therefore, this part of the complaint is also late.
12. Even if this part of the complaint was not late, we would be unlikely to investigate because there is insufficient evidence of fault in the Council’s actions. The Council considered Z’s circumstances and its duty under Section 19 of the Education Act 1996.
13. It is not for the Ombudsman to express a view on whether the Section 19 duty applies. That decision is for the Council. The question for us is whether there is evidence of fault in the way the Council made the decision not to make alternative provision.

Back to top

Final decision

14. We will not investigate Mrs Y’s complaint because it is late and there is no good reason to exercise discretion to investigate it now.

Back to top

Investigator's decision on behalf of the Ombudsman