Summary: We have found the Council at fault for the delay in securing alternative education provision for Miss X’s daughter when she could not attend school. This caused her to miss a half term of education. The Council has agreed to apologise and make Miss X a payment in recognition of the missed education.

The complaint

1. Miss X complained the Council did not properly consider its Section 19 duty when it failed to secure suitable education for daughter (Y) when she was out of school. She said this caused her daughter to miss out on education and has affected her mental health and her ability to socialise.

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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. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review 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 use this right. (Local Government Act 1974, section 26(6)(a), as amended)
4. 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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What I have and have not investigated

5. I have not investigated the content of the EHC Plan or issues related to the naming of a school. Miss X had appeal rights from October 2024 when the Council issued the final Plan.
6. I have investigated the period between November 2023 and October 2024 when Y was not attending school.

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How I considered this complaint

7. I considered evidence provided by Miss X and the Council as well as relevant law, policy and guidance.
8. Miss X and the Council 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

Law and guidance

General section 19 duty

9. 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.
10. This applies to all children of compulsory school age living in the local council area, whether or not they are on the roll of a school. (Statutory guidance ‘Alternative Provision’ January 2013)

What happened

11. In November 2023, Miss X contacted the Council. She said her daughter’s (Y’s) school attendance was poor and she did not feel the school was doing enough to help her.
12. Over the following months, the Council was in contact with Miss X and the school to discuss attendance, and a potential re-integration plan including a reduced timetable and other reasonable adjustments for Y. Y’s attendance did not improve.
13. At the end of the spring term, the Council and the school agreed that it would be appropriate for Y to have a period of alternative provision (AP) for the summer term. This was with a view to re-integrate in the autumn term so Y could start her GCSE studies.
14. The Council secured an AP provider that offered 15 hours per week with a tutor. which began in May. The mentoring was delayed due to an issue with the provider.
15. The Council named a mainstream secondary school and issued a final EHC Plan in October 2024. Miss X appealed. Following mediation, the Council agreed an EOTAS package and issued an Amended EHC Plan in January 2025.

My findings

16. I have seen evidence that the Council was in regular contact with Miss X and the school about Y’s attendance and the measures put in place by the school. Initially, both the school and the Council were satisfied with the level of provision being made in school. This included a reduced timetable and opportunities for Y to work in quiet areas away from the classroom.
17. I have found no fault with the Council here. It was satisfied that Y was receiving the right level of education for her circumstances at the time. This was the Council’s decision to make.
18. Once the Council agreed with the school that Y should have AP for the summer term, it commissioned it. Y started 15 hours per week of tuition in May 2024. As this was on a one-to-one basis, I consider that Y received the equivalent of a full-time education.
19. I have found fault with the Council for the delay in commissioning AP between March and May 2024. This equated to a half term of missed provision. The Council has agreed to apologise to Miss X for the delay in getting the AP in place and will pay her £450 in recognition of the missed provision. This is in line with our guidance on remedies.

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Agreed action

20. Within 4 weeks of my decision, the Council has agreed to:
1. Apologise to Miss X for the delayed full-time alternative provision between March and May 2024.
2. Pay Miss X £450 in recognition of the half term of missed provision.
21. The Council should provide us with evidence it has complied with the above actions.

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Decision

22. I have found fault with the Council for the delay in delivering full-time alternative provision for Miss X’s daughter (Y). The Council has agreed to remedy this injustice.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman