Summary: Miss X complained about the way the Council dealt with her son, Y’s education. The Council was at fault for not considering Miss X’s complaint through the children’s statutory complaint procedure. This caused Miss X frustration and uncertainty. The Council agreed to apologise, make a payment to Miss X for the frustration and uncertainty this caused and consider her complaint further.

The complaint

1. Miss X complains on behalf of her son, Y, that the Council failed to provide any educational provision for him since September 2024. She also complains the Council refused to escalate her complaint to stage two of the complaint process.
2. Miss X says Y missed out on education which has caused him significant distress and isolation. She also says this has impacted on his ability to identify his future plans because he has been out of education for so long.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
5. Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).

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What I have and have not investigated

6. I have investigated Miss X’s complaint that the Council failed to escalate her complaint to the next stage.
7. I have not investigated Miss X’s substantive complaint that the Council failed to provide any education to Y since September 2024. I have explained why in paragraph 27.

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How I considered this complaint

8. I considered evidence provided by Miss X and the Council as well as relevant law, policy and guidance.
9. Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Relevant legislation and guidance

Looked after children

10. A child who has been in the care of their local authority for more than 24 hours is known as a looked after child.
11. Part 3 Section 22(3A) Children Act 1989 requires a council to “promote the educational achievement of looked after children”.

Statutory complaints procedure

12. Section 26(3) of the Children Act, 1989 provides that all functions of the local authority under Part 3 of the Act may form the subject of a complaint. For example, a complaint may arise as a result of many things relating to statutory social services
13. The law sets out a three-stage procedure for councils to follow when looking at complaints about children’s social care services. The accompanying statutory guidance, ‘Getting the Best from Complaints’, explains councils’ responsibilities in more detail. We also published practitioner guidance on the procedures, setting out our expectations.
14. The first stage of the procedure is local resolution. Councils have up to 20 working days to respond.
15. If a complainant is not happy with a council’s stage one response, they can ask that it is considered at stage two. At this stage of the procedure, councils appoint an investigating officer (IO) to look into the complaint and an independent person (IP) who is responsible for overseeing the investigation and ensuring its independence.
16. Following the investigation, a senior manager (the adjudicating officer) at the council should carry out an adjudication. The officer considers the IO report and any report from the IP. They decide what the council’s response to the complaint will be, including what action it will take. The adjudicating officer should then write to the complainant with a copy of the investigation report, any report from the independent person and the adjudication response.
17. The whole stage two process should be completed within 25 working days but guidance allows an extension for up to 65 working days where required.
18. If a complainant is unhappy with the outcome of the stage two investigation, they can ask for a stage three review by an independent panel. The council must hold the panel within 30 working days of the date of request, and then issue a final response within 20 working days of the panel hearing.
19. The Ombudsman would normally expect a council and complainant to follow the full complaints procedure. The guidance sets out the circumstances in which a complaint can be referred to the Ombudsman without completing all three stages. This can only happen when the stage two investigation is robust with all, or all significant complaints upheld. Councils must show they agree to meet most of the complainant’s desired outcomes and have a clear action plan for delivery.

EHC Plan 

20. A child or young person with special educational needs may have an Education, Health and Care (EHC) Plan. This document sets out the child’s needs and what arrangements should be made to meet them. The EHC Plan is set out in sections. We cannot direct changes to the sections about their needs, education, or the name of the educational placement. Only the Tribunal or the council can do this. 

Content of an EHC Plan

21. The EHC Plan is set out in sections which includes Section F: The special educational provision needed by the child or the young person. 

What happened

22. Y is a looked after child who has an EHC plan.
23. In mid-May 2025, Miss X complained to the Council that it had failed to provide the education provision specified in section F of his EHC plan, since September 2024. She also complained about other matters relating to Y’s education.
24. The Council replied two weeks later and partially upheld her complaint that it had failed to provide Y with the section F provision. The Council also said it had recently approved funding for Y to attend a provision which could meet his needs.
25. Miss X disagreed with the Council’s stage one response, and asked it to escalate this to stage two.
26. The Council responded to this request shortly after. It acknowledged her request but said that no further outcome could be achieved through the corporate complaint procedure and so it would not escalate this. Instead, the Council said Miss X must give the Council the opportunity to implement the agreed plan for Y to attend the new provision, as set out in the stage one complaint response.

Findings

27. The statutory children’s complaints procedure was set up to provide children, young people and those involved in their welfare with access to an independent, thorough and prompt response to their concerns. Because of this, we expect a council to complete the complaints procedure. Therefore, I have not investigated Miss X’s substantive complaints about the Council’s actions related to Y’s education.
28. Miss X raised a complaint about the Council’s actions in relation to Y’s education. The Council did respond to Miss X’s stage one complaint. But, when she escalated this to stage two because she was unhappy with the response, the Council refused to consider the matter further.
29. As Y is a looked after child, promoting his educational achievement is a duty under part three of the Children Act 1989. The Council should therefore have considered this complaint about failing to promote Y’s educational achievement and delivery of suitable education to Y under the children’s statutory complaints procedure, specifically stage two.
30. The Council did not do this, and this is fault and not in line with the statutory guidance. This caused Miss X frustration and uncertainty. I will ask the Council to consider Miss X’s complaint at stage two of the statutory complaint procedure.

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Action

31. Within four weeks of my final decision, the Council will:
• apologise to Miss X for the frustration and uncertainty caused to her for not following the statutory complaint procedure. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The Council should consider this guidance in making its apology;
• make a payment of £150 to Miss X to recognise the frustration and uncertainty caused to her by not following the statutory complaint procedure;

• progress with investigation of Miss X’s complaint at stage two of the statutory complaint procedure and confirm appointment of an investigating officer and independent person to Miss X;
• remind staff dealing with complaints of the importance of following the statutory complaint procedure in relation to the education of looked after children.

32. The Council should provide us with evidence it has complied with the above actions.

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Investigator's decision on behalf of the Ombudsman