Summary: We will not investigate this complaint that the Council is failing in its duty to make suitable educational provision for the complainant’s son. There is insufficient evidence of fault on the Council’s part to warrant investigation.

The complaint

1. The complainant, Mrs X, complains that the Council is failing in its duty to make suitable educational provision for her son.

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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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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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 cannot attend school. She complains that the Council’s duty under section 19 of the Education Act 1996 to make alternative provision is engaged, and that it is failing to do so. She says the Council is blocking access to provision and that its actions amount to discrimination.
6. The complaint correspondence Mrs X has provided shows that her son is on roll at a school, but does not attend. The Council says it has agreed to provide a package of alternative education and has offered online provision while it explores longer term options. It understands however that Mrs X’s son is not accessing the provision it has offered.
7. Mrs X says the Council has falsely blamed her for the fact that her son is not accessing the online provision. She says he is not doing so because it is not suitable.
8. The Ombudsman will not investigate Mrs X’s complaint because there is insufficient evidence of fault on the Council’s part. The Council holds that the provision it has offered discharges its section 19 duty. Mrs X says that it does not because the provision is not suitable. This is not something on which the Ombudsman will express a view.
9. The question for us is whether the Council has considered the matter, made a defensible decision on whether its section 19 duty applies and taken appropriate action. In this case, the Council has done so. Whether or not the provision it has put in place pending longer term solutions is appropriate is not a matter for us. Investigation is not therefore warranted.

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Final decision

10. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault on the Council’s part.

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Investigator's decision on behalf of the Ombudsman