LGO (Local Government & Social Care Ombudsman) Other

Walsall Metropolitan Borough Council

24-008-924 · Education › Special Educational Needs · Decision date: 11 September 2024 · View Walsall Metropolitan Borough Council scorecard

Full Decision

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