Leeds City Council (18 011 706)

Category : Education > Alternative provision

Decision : Upheld

Decision date : 10 Jul 2019

Summary: Mrs X complained the Council failed to provide education to her daughter Y when she refused to go to school because of high levels of anxiety.

Finding

Fault found causing injustice and recommendations made.

Recommendations

To remedy the injustice caused, we recommend the Council:

  • pay Mrs X £1,300 to cover the costs of education that she has had to arrange for Y between October 2018 to January 2019;
  • pay Mrs X £1,400 to remedy the Council’s failure to assess Y’s needs and provide education between May 2018 and October 2018, which once offered, she engaged in. Mrs X may use this as she sees fit to meet Y’s educational, social and mental health needs; and
  • pay Mrs X £200 to remedy the time and trouble taken in bringing the complaint to the Council and to us.

In addition to this, the Council should also:

  • review the way it oversees services for children and young people out of school to ensure it discharges its responsibilities for alternative provision under section 19 of the Education Act 1996;
  • provide training and guidance to Council staff, schools and services commissioned to provide alternative education to explain the Council’s role and how it will work in practice following the review;
  • have a policy in place for Children Missing Education for medical needs which has full regard to current guidance and legislation; and
  • review the educational provision in place for children of compulsory school age who are on roll but have not attended school for more than 15 school days and where alternative provision is not being supplied, to ensure there is an assessment of their educational needs and how these are being met.

The council has agreed to these recommendations.

Ombudsman satisfied with Council's response: 8 November 2019

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