Summary: We will not investigate Miss X’s complaint that the Council failed to arrange suitable full-time education for her child. This is because her complaint is made late and I see no good reason to exercise discretion and consider it now.

The complaint

1. Miss X complains that the Council failed to arrange suitable full-time education for her child.

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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. Miss X complained to the Council in January 2024, after she said her child was excluded from attending school and the Council failed to arrange alternative education. The Council sent a final response to Miss X in April 2024 and advised she could escalate the matter to the Ombudsman.
7. I will not investigate Miss X’s complaint because it is made late. I see no good reason why Miss X could not have complained to the Ombudsman in April 2024.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman