Summary: We will not investigate this complaint about the Council’s failure to make alternative provision for the complainant’s son while he has been unable to attend school. This is because the complaint has been upheld by the Council and further investigation would not lead to a different outcome.

The complaint

1. The complainant, who I will refer to as Mrs X, complains that the Council has failed to provide appropriate full-time education for her son while he has been unable to attend school.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X says her son was unable to attend his school from the beginning of October 2023. She says he attended part-time for two weeks in December as part of efforts to reintegrate him but has not attended since.
6. Mrs X says she asked for alternative provision in October 2023 and complains that it has not been made. She says her son’s education and welfare have suffered, and she has been caused significant distress.
7. The Council has upheld Mrs X’s complaint. It has accepted that it has been at fault and has apologised. It has set out how it intends to address the issue and has offered a financial remedy, recognising the impact on Mrs X’s son and the time and trouble she has been put to in pursuing the matter.
8. The Ombudsman will not investigate Mrs X’s complaint. It has already been upheld and an investigation would not therefore reach different conclusions. The financial remedy the Council has offered is in line with the Ombudsman’s guidance, and the actions the Council has undertaken to carry out are reasonable in the circumstances of the case. Our intervention would not lead to a more favourable outcome and is not therefore warranted.

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Final decision

9. We will not investigate Mrs X’s complaint because investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman