Local Government Ombudsman

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Torbay Borough Council (04B15454)

School exclusions                       Maladministration causing injustice

12 January 2006

John Smith (not his real name for legal reasons) was excluded from school in March 2004. His father complained that the Council delayed unreasonably in providing an alternative school place and failed to make appropriate educational provision for John while he was out of school.

The Ombudsman made no criticism of the exclusion, believing that children excluded from school must take their share of responsibility for the consequences of their action. But once a child was excluded, other agencies had responsibility too. It was Parliament’s intention that excluded children should be reintegrated into mainstream education where possible and within a short timescale, and it was the Council’s legal responsibility to do so.

He found that the Council did not ensure that applications for a new school place for John were dealt with in accordance with relevant procedures. John missed at least half a term in school at a crucial stage in his education in the final year of his GCSE course. And the Council failed to provide suitable full-time equivalent education for the period while John was out of school and did not have any arrangements in place for the start of the autumn term.

John’s GCSE results were significantly below the targets set at the start of his GCSE course in his former school, but the Ombudsman did not conclude this was the result of the Council’s failures. John suffered injustice in that he did not have the opportunity he should have had to maintain progress in his GCSE studies. So the Ombudsman found that there had been maladministration by the Council causing John and his family injustice.

The Ombudsman recommended that the Council should:

  • make available the sum of £1,500 to be used to extend John’s educational achievement or to assist him in pursuing a course of study to enable him to make up for some of the educational disadvantage he suffered because of his missed education; and
  • make a payment of £250 to Mr Smith to recognise his time and trouble in pursuing the complaint.

The Ombudsman’s recommendation for the Council to invest £1,500 in this boy’s future education was designed to put right the Council’s fault. It was not a reward. He said: “His education will suffer from his own actions: but it is not right that it should suffer further through fault of the Council.

The Ombudsman issued the report to highlight the importance of following government guidance about provision of education for excluded pupils so as to minimise educational disadvantage.

Date Updated: 12/08/09