Summary: On the evidence available, there was fault by the Council. The Council did not put in the place the alternative educational provision that it agreed to do. A payment, in addition to the apology already given, remedies the injustice caused to the family.

The complaint

1. The complainant, who I shall call Miss X, complains the Council did not provide the alternative educational provision it agreed to put in place from 7 July until 12 October 2023.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), 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)
4. Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).

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How I considered this complaint

5. I read the papers submitted by Miss X and discussed the complaint with her.
6. Miss X and the organisation had an opportunity to comment on the proposed remedy before I made a final decision.

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What I found

7. The Council agreed to put alternative educational provision in place for Miss X’s child from 7 July 2023. No provision was in place from:
• 7 July to 25 July 2023 - 2 weeks and 2 days.
• 4 September to 12 October 2023 - 4 weeks and 4 days.
8. In the Council's official complaint response of 2 January 2024 it said 'it could not see why the provision was not put in place and for this I apologise'. There was service failure by the Council, as the alternative provision was not put in place. In addition to the apology already given, I consider a financial remedy appropriate. Our guidance on remedies recommends a payment of £2400 per term. A term is normally 13 weeks, so I have calculated the amount for 7 weeks as (2400/13) x 7 = £1292. I also consider a payment towards Miss X's inconvenience and distress at having to make a further complaint of £250 is appropriate. This makes a total payment of £1542.

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Agreed action

9. Within one month of the date of the decision on this complaint the Council should:
• Pay Miss X £1542.
10. The Council should provide us with evidence it has complied with the above actions.

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Final decision

11. Subject to further comments by Miss X and the Council, I intend to complete my investigation of this complaint. This complaint has been upheld as there was fault by the Council. The actions above remedy the injustice to Miss X and her child.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman