Summary: We will not investigate this complaint the Council has failed to provide a fulltime education to the complainant’s child. The Council has agreed to resolve the complaint by making an appropriate financial remedy. It would not be proportionate to investigate further.

The complaint

1. Mrs X complained the Council had failed to provide her child, Y, a fulltime education since March 2024. She said that had negatively affected Y, who wanted to access more hours. She said it had also affected her ability to work and caused distress.

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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. Service failure can happen when an organisation fails to provide a service as it should have done because of circumstances outside its control. We do not need to show any blame, intent, flawed policy or process, or bad faith by an organisation to say service failure (fault) has occurred. (Local Government Act 1974, sections 26(1), as amended)
3. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In the Council’s response to Mrs X’s complaint, it apologised for the ongoing difficulties with Y’s provision. It confirmed it had tried to secure Y a fulltime provision, however, that had not been successful. Mrs X told me the Council had initially provided Y 15 hours, and that had incrementally increased to 23 hours of provision.
7. Although I recognise the Council has tried to secure Y 25 hours of provision, if we were to investigate Mrs X’s complaint it is likely we would find fault (through service failure) causing Y an injustice.
8. We therefore asked the Council to consider remedying the injustice caused, by making a symbolic payment of £400 in recognition of the missed provision. This payment is in line with our Guidance on Remedies and reflects the period Y went without a fulltime education and the provision the Council did provide.
9. The Council agreed to resolve the complaint and will make the payment to Mrs X within four weeks of my final decision. Therefore, it would not be proportionate to investigate this complaint.

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Final decision

10. We will not investigate Mrs X’s complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

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Investigator's decision on behalf of the Ombudsman