Summary: Mrs X complained that the Council did not deliver alternative provision for her son, Y who was unable to attend school. We have found no fault with how the Council handled Y’s attendance problems and education provision.

The complaint

1. Mrs X complained the Council failed to provide a suitable education for her son, Y. She says her son has been unable attend school full time since September 2022 and the Council has not delivered suitable alternative provision.

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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 significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended).

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How I considered this complaint

4. I have considered Mrs X’s complaint and have spoken to her about it.
5. I have also considered the Council’s response to Mrs X and to my enquiries.
6. Mrs X and the organisation had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Legislation and guidance

7. Councils must arrange suitable education at school or elsewhere for pupils who are out of school because of exclusion, illness or for other reasons, if they would not receive suitable education without such arrangements. [The provision generally should be full-time unless it is not in the child’s interests.] (Education Act 1996, section 19). We refer to this as section 19 or alternative education provision.
8. Suitable education means efficient education suitable to a child’s age, ability and aptitude and to any special educational needs he may have. (Education Act 1996, section 19(6))
9. The DfE non-statutory guidance (DfE School Attendance: guidance for schools, August 2020) states all pupils of compulsory school age are entitled to a full-time education. In very exceptional circumstances there may be a need for a temporary part-time timetable to meet a pupil’s individual needs. For example where a medical condition prevents a pupil from attending full-time education and a part-time timetable is considered as part of a re-integration package. A part-time timetable must not be treated as a long-term solution.

What happened

10. Mrs X’s son, Y struggled with attendance during his time at primary school. The Advisory Teaching Service (ATS) was involved in 2019 and 2020 until Y’s primary school informed ATS that Y was more settled, and the school could meet his needs.
11. Y began secondary school in September 2022. Mrs X contacted the Council to raise concerns that Y was not managing at school. Y was on a temporary part-time timetable and was spending his time at school outside the classroom, in an ‘inclusion room’. The Council spoke with Mrs X and discussed the options going forward.
12. In January 2023, Mrs X requested the Council carry out an Education Health and Care (EHC) needs assessment for Y.
13. During February, Mrs X spoke with the Council and said that the situation had not improved for Y and that an incident in the ‘inclusion room’ meant Y did not want to return. She said the school had offered two alternatives for Y. These did not work out. At this point, the Council’s inclusion service became involved with Y and supporting to help him return to school full time.
14. At the end of February, the Council decided not to assess Y for an EHC plan. It stated that not enough time had been given for the school and other agencies to take action to enable Y to engage with his education. In April, the Council notified Mrs X of the Council’s decision. Later that month, the Council discussed the next steps with Mrs X and the appeal process.
15. Mrs Y provided a letter from Y’s GP stating the problems he was having with attending school. The letter said that Mrs X felt the school was not doing enough to accommodate Y’s needs. The letter also stated that Y was engaging in education at home and was in good mental health because he was at home.
16. In May, the Council identified what strategies were in place for Y at school. This included a part-time timetable, uniform allowance, noise cancelling headphones and an exit card for lessons. The school also informed the Council that Y was attending evening sessions out of school as well as parent-arranged therapeutic, non-educational intervention for Y during the school day on a Wednesday.
17. The Council considered an official flexi-school timetable for Y. The Council internally discussed that if Mrs X wanted Y to continue with the non-educational provision on a Wednesday, she would need to agree to flexi-schooling or home education. This was not followed up in the Team Around the Family (TAF) meeting in June.
18. In July, following mediation, the Council agreed to assess Y for an EHC Plan.
19. The Council referred Y to a mentoring scheme to help him re-engage with his education. While this did not provide English, maths and science provision, the Council were satisfied that the school was providing online education which covered this. The school supported both Mrs X and Y to access this although Mrs X said they struggled to log on. The SENCo approached Y’s allocated teachers about providing additional projects for Y that do not involve computer skills.
20. In July, Mrs X contacted the Council requesting Section 19 provision as she said Y could not engage with the online learning provided by school.
21. The Council actioned the Section 19 request. It identified that Y was receiving provision from a mentoring scheme and looked at ways of helping him engage with the online learning provided by the school. Following a request from the school, the Council agreed to offer Y online learning with a live tutor. The school also offered art sessions out of the classroom for Y.
22. In November 2023, Mrs X brought her complaint to the Ombudsman.

My findings

23. When Mrs X notified the Council that Y was struggling with school attendance in September 2022, the school was providing a part time timetable for Y and online learning for the time he was at home. The Council was satisfied that Y was receiving an education that suited his needs. I have found no fault here.
24. The involvement of the Council’s inclusion service in early 2023 showed the Council was considering Y’s needs. It worked with the school to provide reasonable adjustments to encourage Y back into school. Y was still receiving online learning from the school. The Council was satisfied that Y did not need alternative provision. No fault here.
25. When the Council became aware that Mrs X was struggling with the online learning for Y, it ensured that the school provided additional assistance for the family to use this. Following the Council’s intervention, the school agreed to continue with the online learning. In addition, the SENCo would approach core subject teachers about proving extra ‘projects’ for Y to cover the objectives Y had missed.
26. When Mrs X asked specifically for Section 19 provision, the Council agreed to additional alternative provision in the form on an online ‘live tutor’.
27. The Council stayed in regular contact with Y’s school and Mrs X. It was aware of Y’s attendance problems and at various points over the school year, it was satisfied that Y was receiving a suitable education. This was the Council’s decision to make, and I have found no fault with how it was reached.
28. As the Council became more involved and it had agreed to an EHC needs assessment, it identified suitable alternative provision and set about delivering it.

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Final decision

29. I have completed my investigation. I have found no fault with how the Council handled Y’s attendance problems and access to education.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman