The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s delay in conducting an annual review of Mr X’s son’s Education, Health and Care plan. This is because the complaint is late and there are no good reasons to exercise discretion to consider the late complaint.
The complaint
Mr X complained his son Y did not have an annual review of his Education, Health and Care plan (EHCP) between July 2020 and July 2023.
The Ombudsman’s role and powers
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) We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained the Council failed to conduct an annual review for Y in July 2020, July 2021 and July 2022. I will not investigate because the law says people must bring complaints to us within 12 months of becoming aware of the matter, unless there is a good reason. I have seen no good reason why he could not have brought his concerns to our attention sooner, especially given Mr X had previously brought complaints to us.
I note the Council reviewed Y’s EHCP in July 2023 and Mr X has since appealed the content of the EHCP to Tribunal.
Final decision
We will not investigate X’s complaint because the complaint is late and there are no good reasons to exercise discretion to consider the late complaint.
Investigator's decision on behalf of the Ombudsman