Summary: We will not investigate this complaint about how the Council dealt with Ms X’s child’s education and special educational needs provision. This is because her complaint is made late and I see no good reason to exercise discretion and consider it now.

The complaint

1. Ms X complains about how the Council managed her child’s education and Special Educational Needs (SEN) provision. She says the Council failed to ensure provision was in place and did not properly consult with schools.

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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)

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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. Ms X complained to the Council in June 2024, and the Council responded later that month. Ms X says she could not have complained to the Ombudsman sooner as she had to move house and because of live investigations by the police and children’s services.
7. I will not investigate Ms X’s complaint because it is made late. Whilst I do acknowledge that Ms X faced significant challenges in her personal life at the time I do not consider that this prevented her from raising the matter with the Ombudsman until now.

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Final decision

8. We will not investigate Ms X’s complaint because it is made late.

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Investigator's decision on behalf of the Ombudsman