The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about her child’s Education Health and Care needs assessment process. The complaint has been made to us late and it was reasonable for Mrs X to have complained sooner.
The complaint
Mrs X complains the Council delayed in issuing her child’s final Education, Health and Care (EHC) Plan. She also complains the Council failed to consult speech and language therapy during the EHC needs assessment.
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/care provider 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 has a child, Y, who requires an EHC Plan. There was a delay in the Council issuing Y’s final EHC Plan.
As part of the EHC needs assessment, Mrs X requested Y was assessed by a speech and language therapist. The Council did not arrange for Y to be assessed by a speech and language therapist.
Mrs X has been aware of the length of delay and the lack of a speech and language therapist assessment since the final EHC Plan was issued in June 2024. We normally expect people to complain to us within twelve months of them becoming aware of a problem. Mrs X did not complain to the Ombudsman until July 2025. 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 have considered whether to exercise our discretion to investigate the complaint, but I have seen no good reasons to do so.
Final decision
We will not investigate Mrs X’s complaint. The complaint has been made to us late and it was reasonable for Mrs X to have complained sooner.
Investigator's decision on behalf of the Ombudsman