Summary: We will not investigate Mr X’s complaint about how the Council has managed his son’s education provision for the last three years. Part of his complaint is made late, and it is unlikely that we would find fault with the Council’s recent actions.

The complaint

1. Mr X complains that the Council failed to ensure his son was in suitable full-time education for several years.

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The Ombudsman’s role and powers

2. 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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
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)

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How I considered this complaint

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

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My assessment

6. Mr X says he complained to the Council in October 2024 after he had asked it to arrange alternative education provision, but it had refused in September 2024. In May 2025, the Council put in place alternative education provision but Mr X complained that the Council would not commit to providing the provision long term.
7. I will not investigate Mr X’s complaint that the Council failed to provide alternative education provision when asked to do so in 2024. This is because this element of his complaint is made late and I see no good reason why he could not have asked the Ombudsman to consider this sooner.
8. I will also not investigate Mr X’s complaint that the Council refused to commit to providing long term alternative provision. When implementing the provision, the Council set up reviews to monitor the provision, and told Mr X it could not commit to the provision passed the review date This is in line with guidance, which states that alternative provision should be reviewed to monitor suitability, and therefore there is insufficient evidence of fault by the Council.

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Final decision

9. We will not investigate Mr X’s complaint because part of his complaint is made late, and it is unlikely that we would find fault with the Council’s recent actions.

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Investigator's decision on behalf of the Ombudsman