London Borough of Hackney (26 010 713)
Category : Education > Special educational needs
Decision : Closed after initial enquiries
Decision date : 28 Jul 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s failure to update an Education Health and Care Plan following an annual review meeting. The complaint is late and there are no good reasons for us to exercise discretion to consider it now.
The complaint
- Mrs X complained the Council failed to amend her child’s (Y) Education Health and Care (EHC) Plan following an annual review of it in February 2024.
- Mrs X said this led to Y lacking essential support when they transitioned into the next stage of their education.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council held an annual review of Y’s EHC Plan in February 2024.
- Mrs X complained the Council did not amend the EHC Plan, following this review.
- Mrs X complained to the Ombudsman about this in July 2026 and therefore the complaint is late.
- I have considered whether there are good reasons for us to exercise discretion to consider Mrs X's complaint. The law, explained in paragraph four, says we should not investigate late complaints. I acknowledge Mrs X's comments about why she was unable to raise these matters sooner, but this does not displace the expectation in law that we will not investigate late complaints.
- Therefore, we will not investigate this complaint.
Final decision
- We will not investigate Mrs X’s complaint because it is late and there are no good reasons for us to exercise discretion to consider it now.
Investigator's decision on behalf of the Ombudsman