Summary: We will not investigate this complaint about an Education, Health, and Care Plan for a child. Part of the complaint is late and there are not sufficient good reasons to consider it. Of the part that is not late, X has an alternative legal remedy, and it would be reasonable to expect them to use that remedy, to achieve what they are looking for.

The complaint

1. X said the Council had failed to recognise her daughter’s (P) needs. X said P had a rare genetic condition and the Council had repeatedly declined her requests for an Education, Health, and Care needs assessment. X also complained about a recent decision not to issue P with an EHC Plan, after the Council completed an EHC needs assessment.
2. X said the Council’s lack of support has caused her stress and affected her mental wellbeing.

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The Ombudsman’s role and powers

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)
4. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
5. The First-tier Tribunal (Special Educational Needs and Disability) considers appeals against council decisions regarding special educational needs. We refer to it as the Tribunal in this decision statement.
6. Following completion of an EHC needs assessment, if the Council decides an EHC Plan is not necessary it must notify the child's parents or the young person of its decision and of their right to appeal that decision. We cannot direct the Council to change their decision here. Only the Tribunal or the Council themselves can do this. 

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How I considered this complaint

7. I considered information provided by the complainant and I considered the Ombudsman’s Assessment Code.

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My assessment

8. X complained to us, concerned about what she described as a systemic neglect by the Council. She was also concerned because P’s condition is likely to worsen as she gets older and her need for support will increase. X complained about decisions the Council took in 2021 and 2023. X raised this as a complaint to us in July 2026.
9. I will not consider those matters, because they happened more than 12 months ago. I acknowledge X’s comments about why she felt unable to raise a complaint with us sooner, but these are not sufficient good reasons for me to set aside the expectation in law, that we do not investigate late complaints.
10. In X’s complaint to the Council, she was unhappy it had recently decided it would not issue an EHC Plan for P. I will not investigate the Council’s decision or the information it took account of in deciding. Where a person in X’s position, who has an alternative legal remedy to challenge a decision the Council made, we expect them to use it. And because only the Tribunal can overturn that decision, unlike us, it is reasonable to expect X to use her appeal right.

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Final decision

11. We will not investigate X’s complaint because part of it is late and of the part that is not late, X has an alternative legal remedy.

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Investigator's decision on behalf of the Ombudsman