The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about matters concerning her children’s education. This is because the law prevents us from investigating what happens in schools and because her complaint about the actions of the Council is made late.
The complaint
Mrs X complains about the actions of schools that her children attended and the actions of the Council since 2022. Mrs X says these actions resulted in her children being out of school for a significant period.
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 most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended) 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 the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X complains about the actions of schools that her children attended. She says the Council made unfounded safeguarding referrals, failed to provide adequate support to her children and failed to apply for an Education Health and Care (EHC) needs assessment.
I cannot investigate Mrs X’s complaint about the actions of her children’s schools. This is because the law prevents us from investigating complaints about what happens in schools.
Mrs X also complained about how the Council carried out an assessment after it received a referral from a school in late 2023. I will not investigate this element of Mrs X’s complaint because whilst it does concern the actions of the Council, rather than a school, the complaint is made late, and I see no good reason why Mrs X could not have complained to the Ombudsman sooner.
Final decision
We will not investigate Mrs X’s complaint because the law prevents us from investigating what happens in schools and because her complaint about the actions of the Council is made late
Investigator's decision on behalf of the Ombudsman