Summary: We will not investigate Mrs X’s complaint about Education Health and Care Plan issues going back six years. There are no good reasons why the late complaint rule should not apply.

The complaint

1. Mrs X says the Council has failed to carry out Education Health and Care Plan (EHC Plan) annual reviews for five years.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I considered information provided by Mrs X which includes the Council’s replies to her.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X’s child, B, has an EHC Plan. She complained to the Council in June 2023 that it had not carried out the annual review properly for the previous five years. The Council replied at stage one and two of its complaints’ procedure. The later in July 2023. She complained to us in September 2024.
6. We will not usually investigate a complaint about events known to Mrs X for more than 12 months unless there are good reasons. I have considered Mrs X’s view that she has been struggling with managing B and their conditions. But these are not good enough reasons for us to use our discretion in this case.

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Final decision

7. We will not investigate Mrs X’s complaint because there are no good reasons why the late complaint rule should not apply.

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Investigator's decision on behalf of the Ombudsman