Summary: We will not investigate this complaint about how the Council assessed X’s child’s special educational needs. This is because the complaint is made late.

The complaint

1. X complains that the Council failed to properly carry out an Education Health and Care (EHC) needs assessment for their child Z. X says the Council’s actions meant Z did not attend school for almost two years.

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.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. I will not investigate X’s complaint because it is made late. The issues raised by X happened more than twelve months ago and I see no good reason why X could not have complained sooner.

Back to top

Final decision

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

Back to top

Investigator's decision on behalf of the Ombudsman