Summary: Mrs B complained to us that her son was out of school and the Council had failed to provide alternative provision. The Council has subsequently identified a school placement which Mrs B considers meets his needs. Consequently, she has withdrawn her complaint and we have discontinued investigation in accord with her wishes.

The complaint

1. Ms B complained to this office, originally in December 2019, that her son was out of school and the Council had failed to provide alternative education provision. It had also failed to determine an application she made for her son to join a school which she considered could meet his needs. The Council answered the complaint in January 2020, but Ms B was unhappy with its reply.
2. Ms B said the lack of provision caused distress to both her and her son. In particular, her mental health suffered for a time.
3. In May 2020 Ms B contacted us to say circumstances had changed. Her son now had a place at a school she considered suitable to meet his needs. She considered this resolved her complaint and asked to withdraw it.

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The Ombudsman’s role and powers

4. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions a council has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended

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How I considered this complaint

5. In reaching my decision I considered information provided to us by Mrs B and the Council. I also sent Mrs B a draft decision setting out my intention to discontinue the investigation.

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What I found

6. I have not made findings of fact in this case. Nor have I come to any view on whether the Council was at fault.
7. This is because I have decided to discontinue my investigation. I have done this for two reasons. First, it is unlikely I could achieve any different or better result for Mrs B than her son gaining a place at a school she considers suitable to meet his needs.
8. Second, because I understand from Mrs B that she sees no benefit in us investigating the complaint either, given this change in circumstance. It is her wish we discontinue investigation.

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Final decision

9. I therefore discontinue my investigation for the reasons set out above.

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Investigator's decision on behalf of the Ombudsman