Summary: We will not investigate Mr X’s complaint about the way the Council handled matters relating to his child’s educational provision. This is because the complaint is late and it would have been reasonable for Mr X to complain to us sooner.

The complaint

1. Mr X complains the Council:
• Failed to issue his child’s Education, Health and Care (EHC) Plan within statutory timeframes;
• Failed to produce an EHC Plan that accurately reflected his child’s needs;
• Withdrew provision for his child;
• Failed to provide an appropriate personal budget;
• Failed to follow directions in Tribunal proceedings; and
• Failed to behave in a professional manner.

Back to top

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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Mr X complained to the Council in May 2022 about his child’s EHC Plan and education. The Council sent its final response to Mr X in November 2024 and it upheld aspects of his complaint. The Council provided him with a financial remedy for the injustice caused. Mr X brought his complaint to the Ombudsman in February 2026. Mr X has provided reasons for not bringing his complaint to the Ombudsman sooner.
7. This complaint is late. There are no good reasons for us to investigate the matters Mr X complains of. The law says a complaint should be made to us within 12 months of the person affected first becoming aware of the matter. It was reasonable for Mr X to refer the matter to us sooner.

Back to top

Final decision

8. We will not investigate Mr X’s complaint about his child’s education. This complaint is late and it would have been reasonable for Mr X to complain to us sooner.

Back to top

Investigator's decision on behalf of the Ombudsman