Summary: Ms M complains her three youngest children have been out of school since June 2018. The Council is taking steps to ensure the children return to education. The Council proposes to respond to Ms M’s complaint once her children are back in education. If Ms M is unhappy with the Council’s response, she can complain to the Ombudsman again.

The complaint

1. Ms M complains her three youngest children have been out of school since June 2018. She says the children are not ready for mainstream school.

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The Ombudsman’s role and powers

2. 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 an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. We cannot question whether a council’s decisions are right or wrong simply because the complainant disagrees with them. We must consider whether there was fault in the way the decisions were reached. (Local Government Act 1974, section 34(3), as amended)
4. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

5. I have considered:
• information provided by Ms M;
• information provided by the Council.
6. I invited Ms M and the Council to comment on my draft decision.

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What I found

7. Ms M’s three youngest children, who I shall call X, Y and Z, attended a local secondary school. Ms M withdrew the children from the school in June 2018. She said she intended to educate them at home.
8. Places have remained available for all three children at the school.
9. The school has offered support to Ms M and her children to secure the children’s return to school. Ms M, however, does not want the children to return to the school. She believes all three children should be placed in “alternative provision”. She does not believe mainstream education is suitable.
10. The Council has now arranged alternative provision for X. The Council has offered a choice of three mainstream schools for Y and Z. The Council wants them to enrol at school so the Council can assess their need for support. The Council says Ms M is reluctant to consider the Council’s proposals.
11. The Council says it understands that Ms M is overwhelmed by the situation and is finding it difficult to cope. The Council says it wants to help, but it can only help if Ms M is willing to try the things it suggests.
12. Ms M says she has lost faith in the Council and will continue to complain until she gets what she wants.

Children’s education and the law

13. Parents are responsible for ensuring their children receive suitable education. Most parents do this by sending their children to school.
14. When children are registered at a school, parents must ensure their children attend regularly. If they do not, the parents risk prosecution.
15. This is balanced by a duty on Councils to “make arrangements for the provision of suitable education at school or otherwise than at school for those children of compulsory school age who, by reason of illness, exclusion from school or otherwise, may not for any period receive suitable education unless such arrangements are made for them.” (Education Act 1996, section 19(1))
16. The suitability – or otherwise – of provision is a decision for the Council, not the Ombudsman or the parents. The Council must pay attention to Ms M’s views, but the Council is entitled, and bound, to reach its own decision as to what is suitable education.

Consideration

17. Ms M’s complaint is essentially a dispute about what is suitable education for her children. Ms M has strongly held views that mainstream education is not suitable and all three children need “alternative provision”. The Council has agreed alternative provision for X as attempts at reintegration to a mainstream school have been unsuccessful. The Council considers mainstream education suitable for Y and Z, at least so that it can assess their additional needs. Ms M has – until recently - refused to send Y and Z back to mainstream school.
18. The Ombudsman cannot say whether or not mainstream education is suitable for Y and Z. This is the Council’s job. It is clear that Ms M wants the best for her children. I recommend she works with the Council to secure their return to education as quickly as possible so the Council can assess their needs and decide whether they need additional support. This is clearly a difficult decision for Ms M, but I am reassured the Council has offered the family additional support to help Y and Z with their return to school.

Other matters

19. Ms M complained to us about her children’s education in August 2019. We explained she must first complain to the Council before the Ombudsman could consider her complaint. We forward her complaint to the Council.
20. Ms M complained to us again in October 2019. She had not heard from the Council. The Council explained the officer dealing with Ms M’s complaint had been taken ill. The Council apologised and explained the work it was doing to help Ms M and her family. We decided to take a closer look. This statement explains what we found.
21. The Council said it has not yet responded to Ms M’s complaint, although it is discussing the issues with senior officers. The Council’s priority is Ms M’s children. I think this is a sensible approach. Once X, Y and Z are back in education, I suggest the Council considers Ms M’s complaint and provides her with a full response. If the Council upholds any part of Ms M’s complaint, it should consider the impact of any faults on X, Y and Z and propose a way to address them. If Ms M is unhappy with the Council’s response, she can complain to the Ombudsman again. The Council confirmed it will respond to Ms M’s complaint once the children’s education has been sorted out.

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Final decision

22. I have discontinued my investigation. The Council is taking steps to ensure Ms M’s children return to education. I encourage Ms M to work with the Council. The Council proposes to respond to Ms M’s complaint once her children are back in education. If Ms M is unhappy with the Council’s response, she can complain to the Ombudsman again.

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Investigator's decision on behalf of the Ombudsman