Local Government Ombudsman
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Failure to provide out-of-school education

Archived press release

Date Published: 23/10/08

Surrey County Council did not provide appropriate education for a boy who was out of school.

Surrey County Council did not provide appropriate education for a boy who was out of school finds Local Government Ombudsman, Tony Redmond. In his report, issued today (23 October 2008) he says that, “As a result, for over a term he had little assistance with his GCSE syllabus and his chances of obtaining good GCSE grades were adversely affected.”

‘Joseph Edwards’ (not his real name for legal reasons) was excluded from school. The independent education appeal panel did not uphold the exclusion, but nevertheless decided against reinstating Joseph at the same school.

The Ombudsman did not criticise the Appeal Panel’s decision, but commented: ”Panels should make a clear and explicit division between consideration of the exclusion case and any case why the pupil should not be readmitted to the school. If there is any doubt about the Council’s ability to comply with its duties, these doubts will need to be explored by the Panel. This will require clear and accurate information about what the future might hold for that pupil in respect of future schooling.”

While he was out of school, the Council did not provide Joseph with appropriate education and delayed in arranging a new school place for him. This took place at the end of Year 9 and the start of Year 10. The Ombudsman said: “All schooling is important to pupils, but the beginning of Year 10 is a particularly important term because it starts the GCSE syllabus and coursework. It is therefore a vital stage in a pupil’s school career, which will influence outcomes.”

The Ombudsman finds maladministration causing injustice and the Council has agreed to: 

  • pay for individual tuition for Joseph;
  • pay £500 compensation to Joseph’s father and £250 to Joseph;
  • improve its procedure for dealing with out-of-school pupils;
  • improve its procedures for education appeal panels;
  • increase provision of alternative education for out-of-school pupils and to take further action to prevent exclusions; and
  • prevent delays in finding full-time education for out-of-school pupils.

Report ref 07A09449