Summary: We will not investigate Mrs X’s complaint about the Council’s failure to provide alternative education to her child Y when they were out of school. That is because the complaint is not separable from the Council’s decision not to complete an assessment of Y’s special educational needs. It is reasonable for Mrs X to use her appeal rights if she is unhappy with the Council’s decision.

The complaint

1. Mrs X complained the Council failed to provide her daughter, Y alternative education after she stopped attending school. She said Y had missed out on education and fallen behind her friends. She said the lack of support from the Council meant they now home educated Y.
2. Mrs X said the Council’s actions had caused the family stress. She said they had to spend money on resources to home educate Y. Mrs X wants the Council to apologise and provide financial compensation.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
5. The First-tier Tribunal (Special Educational Needs and Disability) considers appeals against council decisions regarding special educational needs. We refer to it as the SEND Tribunal in this decision statement.

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Y stopped attending school in October 2022. Mrs X contacted the Council the following month asking for alternative provision. She said Y’s mental health had deteriorated and she was too unwell to attend school. She said Y had autism and that they were applying for an Education Health and Care (EHC) needs assessment. She wanted the Council to provide alternative provision whilst Y’s educational needs were assessed.
9. The Council wrote to Mrs X in December 2022 and said it would not complete an EHC needs assessment for Y as her needs could be met by her school. It set out Mrs X’s appeal rights. It also responded to her complaint. It said Y’s school had referred Y to the educational psychologist for support and that Y’s school had a reintegration plan in place. It said it would not provide support from its hospital tuition team as it was not appropriate in Y’s case.
10. Although Mrs X is unhappy with the Council’s response to her complaint, we will not investigate. That is because the Council’s decision not to provide alternative education is not separable from its decision not to complete an EHC needs assessment. That decision is appealable to tribunal. It is reasonable for Mrs X to use her right to appeal if she is unhappy with the Council’s decision.

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Final decision

11. We will not investigate Mrs X’s complaint the Council did not provide her child alternative education. That is because complaint is not separable from the Council’s decision not to complete an Education, Health and Care needs assessment. It is reasonable for Mrs X to use her appeal rights if she is unhappy with the Council’s decision.

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Investigator's decision on behalf of the Ombudsman