Durham County Council (20 011 960)

Category : Education > Alternative provision

Decision : Closed after initial enquiries

Decision date : 17 Mar 2021

The Ombudsman's final decision:

Summary: We will not investigate Miss B’s complaint that the Council has offered her daughter a school which is not appropriate for her needs. This is because it is unlikely we would find fault on the Council’s part.

The complaint

  1. The complainant, who I will refer to as Miss B, complains that the school the Council has offered for her daughter is not appropriate for her needs.

Back to top

The Ombudsman’s role and powers

  1. 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’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

  1. I have considered what Miss B has said in support of her complaint and relevant documents provided by the Council. I have offered Miss B the opportunity to comment on a draft of this decision.

Back to top

What I found

  1. Miss B’s daughter has been permanently excluded from school. The Council has offered her a place at another school. Miss B believes this school is not appropriate for her daughter and has declined the place.
  2. Miss B has asked the Council to provide a place a different school. She complains that it has not done so.
  3. We will not investigate Miss B’s complaint because it is unlikely we would find fault on the Council’s part. When a child is permanently excluded from school the Council must offer alternative provision. It has done so, in offering a place at another school. There is no evidence of fault on the Council’s part.
  4. We cannot comment on whether the school the Council has offered is appropriate. It is Miss B’s right to decline it, as she has done. But that means she becomes responsible for making other arrangements.
  5. It is open to Miss B to apply for places at other schools. If her applications are refused, she will have the right to appeal to an independent appeal panel and the Ombudsman would expect her to do so. We will not intervene.

Back to top

Final decision

  1. We will not investigate this complaint. This is because it is unlikely we would find fault on the Council’s part.

Back to top

Investigator's decision on behalf of the Ombudsman

Print this page

LGO logogram

Review your privacy settings

Required cookies

These cookies enable the website to function properly. You can only disable these by changing your browser preferences, but this will affect how the website performs.

View required cookies

Analytical cookies

Google Analytics cookies help us improve the performance of the website by understanding how visitors use the site.
We recommend you set these 'ON'.

View analytical cookies

In using Google Analytics, we do not collect or store personal information that could identify you (for example your name or address). We do not allow Google to use or share our analytics data. Google has developed a tool to help you opt out of Google Analytics cookies.

Privacy settings