Summary: We will not investigate this complaint about the Council’s handling of an Education, Health and Care plan. This is because part of the complaint is late, the Council has offered a suitable remedy, and it is unlikely further investigation would achieve anything more for Miss X.

The complaint

1. Miss X complains the Council has failed to provide her son (Y) with suitable education and the provision in his Education, Health and Care Plan (EHC Plan) between March 2020 and March 2025. She also says the Council did not review her child’s EHC plan for several years.

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The Ombudsman’s role and powers

2. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
3. 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:

• we could not add to any previous investigation by the organisation,
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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 the council has done. (Local Government Act 1974, sections 26B and 34D, as amended).

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How I considered this complaint

5. I considered information provided by Miss X and the Council.
6. I considered the Ombudsman’s Assessment Code.
7. Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).

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My assessment

8. Miss X says Y stopped attending school in March 2020 and did not receive the provision in his EHC plan. She also says the Council did not review the plan and removed him from his school placement in July 2024 without her agreement or arranging alternative provision. In March 2025, the Council arranged home tuition for Y.
9. The Council reviewed Y’s EHC plan in January 2025 and carried out a further assessment in July 2025.
10. In May 2025, Miss X complained to the Council. It upheld the complaint, apologised and offered a financial remedy of £20,762.40 for missed provision from September 2021. It also agreed Y could return to his previous school. The Council did not offer a remedy from March 2020 because it said Y had a school place available.
11. Miss X complained to the Council in May 2025, five years after Y stopped attending school. She then complained to us in November 2025. Miss X wants us to consider the Council’s actions from March 2020.
12. The issues Miss X complains about began in March 2020 when Y stopped attending school, but Miss X did not complain about these matters until more than 12 months later. Her complaint is therefore late. I have considered whether we should exercise discretion to consider the matter, but I have seen no good reasons to do so.
13. In any event, the Council has offered Miss X a significant financial remedy for the issues she has raised which is broadly in line with our Guidance on Remedies. The Council has acknowledged fault and taken steps to put provision in place. I consider these actions are a proportionate response to the injustice caused. It is unlikely further investigation would achieve significantly more.

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Final decision

14. We will not investigate Miss X’s complaint because part of the complaint is late, the Council apologised and offered a suitable remedy, and it is unlikely further investigation would achieve anything more for Miss X.

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Investigator's decision on behalf of the Ombudsman