Summary: We will not investigate this complaint about the Council’s handling of and Education Health and Care plan. This is because it is late and there are no good reasons to consider it now.

The complaint

1. The complainant, Miss X, complains about the Council’s handling of her child’s Education Health and Care plan and says her child’s special educational needs have not been met. She also complains about the school her child attends.

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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. We cannot investigate most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended)

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How I considered this complaint

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

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My assessment

6. Miss X says her child’s Education Health and Care (EHC) plan has not been implemented for several years and her child has not received provision as set out in the plan. She says annual reviews have been delayed and other timescales have not been met in accordance with the Special Education Needs Code of Practice. Miss X has raised concerns about the school her child attends but says the Council has ignored her complaints.
7. This complaint is late and there are no reasons why Miss X could not have contacted the Ombudsman sooner with her concerns. Matters Miss X complains about occurred before December 2023. There is no evidence of a more recent complaint and, should Miss X wish to complain about more recent matters, she should raise a new complaint with the Council. If she is not satisfied with the Council’s response, she can again refer her complaint to the Ombudsman.
8. For complaints about the school her child attends, Miss X should raise her concerns directly with the school in the first instance. The Ombudsman cannot investigate most complaints about what happens in schools.

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Final decision

9. We will not investigate Miss X’s complaint because it is late and there are no good reasons to consider it now.

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Investigator's decision on behalf of the Ombudsman