Walsall Metropolitan Borough Council (24 008 924)
Category : Education > Special educational needs
Decision : Closed after initial enquiries
Decision date : 11 Sep 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the education provided to the complainant’s children. The complaint is late and there are no grounds for us to now consider it.
The complaint
- The complainant, Mr X, complained about a lack of education to his children between January and November 2020.
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 and I considered the Ombudsman’s Assessment Code.
My assessment
- The Ombudsman normally expects people to complain to us within twelve months of them becoming aware of a problem. Mr X’s complaint is therefore late. We look at each complaint individually, and on its merits, considering the circumstances of each case. But we do not exercise discretion to accept a late complaint unless there are good reasons to do so. I do not consider that to be the case here. Mr X could have complained much earlier and so we will not investigate.
Final decision
- We will not investigate Mr X’s complaint because it is late and there are no grounds to now investigate.
Investigator's decision on behalf of the Ombudsman