Summary: Mrs X complained the Council did not provide full time education suitable for her daughter’s needs when she could not attend school. We found the Council at fault for not putting in place provision it agreed her daughter needed, impacting on her educational progress. The Council has agreed to apologise and make a symbolic payment to recognise the injustice caused.

The complaint

1. Mrs X complains the Council has failed to provide suitable full time alternative provision for her daughter when she became too unwell to attend school. This has caused them frustration and distress, and she says her daughter has significantly missed out on education and social opportunities severely impacting on her mental wellbeing.

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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. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, 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(1), as amended)
5. 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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What I have and have not investigated

6. Mrs X says her daughter has not attended school since 2021. Part of the complaint is late (see Paragraph 3) and is too far back for us to investigate. I am satisfied Mrs X could have complained about this earlier period sooner.
7. I have investigated from January 2024 (12 months prior to Mrs X’s complaint to us) to February 2025 (when Mrs X received the Council’s final response to her formal complaint). During this period, Mrs X made an Education, Health and Care Needs assessment request and the Council issued a final Plan in February 2025 - but this does not form part of my investigation. I refer to this and earlier events for relevant context.

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How I considered this complaint

8. I discussed the complaint with Mrs X and considered her views.
9. I made enquiries of the Council and considered its written responses and information it provided, as well as relevant law, policy and guidance.
10. Mrs 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 administrative background

Alternative provision

11. 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.

Background

12. Mrs X’s daughter (“J”) stopped attending the “School” in 2021 due to severe anxiety and complex mental health concerns. The Council accepted her as a Child with Medical Needs and a regular tutor (“Provider 1”) provided home tuition to J for a few years. It was around 7 hours a week by 2024.
13. Team Around School (“TAS”) meetings involve relevant professionals within the Council and schools to discuss children and their engagement with education, and to review their progress.

What happened – summary of key relevant events in the period considered

14. In early January 2024, a TAS meeting noted tuition continued to go very well for J. Mrs X wanted alternative provision to support J’s socialisation skills as she was isolated at home. The Council noted the School should apply for funding if it found anything suitable.
15. In late January 2024, Mrs X told the Council J successfully visited an alternative provision (“AP”) placement who could meet her needs, which she could attend alongside her tuition. She asked the Council to help arrange it as she was keen to act quickly on J’s positive interest.
16. In early February 2024, case notes show discussions between the Council and the School. The School did not agree to fund an external AP placement as it had its own inhouse provision available. The Council clarified tutoring could not meet all holistic needs of a student and schools needed to provide suitable education.
17. In mid-February 2024, Mrs X emailed the Council formally requesting AP for J. She included concerns about the School’s actions around welfare visits and refusal to her request for the AP placement.
18. At the start of March 2024, a TAS meeting noted J’s positive academic progress, and she was keen to do more. Mrs X felt J’s emotional and social needs could be met in the short term with the AP placement. J had an interest in history and the Council agreed to add this to J’s existing tuition. The School said the Council needed to fund the AP placement. The Council noted the School’s offer of in-house AP was service led, not needs led.
19. In April 2024, the Council submitted a request for a history tutor to Provider 1. Later that month, J’s tutor updated the Council. They had added history materials to current provision to keep up her interest while waiting for the history specific tutor. A TAS meeting noted the School continued to decline the AP request. It discussed the School’s in-house provision and invited Mrs X to visit. J was serious about GCSEs.
20. In June 2024, a TAS meeting noted J’s overall good progress. There were concerns J would not be able to attend school-based provision as anxiety about school was likely to be a barrier.
21. In mid-June 2024, the Council had the history tutor in place. Mrs X explained J’s current tutor could not teach GCSE content and as J was moving to Year 10 next term, J needed GCSE level Maths, English and Science to work towards the exams. The Council agreed and contacted Provider 1.
22. In late July 2024, case notes recorded the Council encouraged Mrs X to visit the School onsite AP and then it could discuss suitability.
23. In mid-August 2024, Mrs X formally complained. She had concerns about the tuition not being suitable for J’s stage to work towards GCSEs and about J’s mental health due to lack of other provision.
24. In late August 2024, the Council responded to Mrs X’s complaint. It confirmed the current tuition offer but it could not give an update to her requests which it would discuss at the next review. It did not tell her how to escalate her complaint.
25. Between September 2024 and January 2025, several TAS meetings took place. These noted they were still waiting for GSCE tutors (the Council had asked another provider) and Mrs X had tried to get J to visit the School AP a few times without success.
26. In mid-January 2025, Mrs X complained to us. We advised her to escalate her complaint to Stage 2 with the Council. In late January 2025, case notes showed the Council confirmed Mrs X’s request for Education Otherwise Than At School (“EOTAS”).
27. In early February 2025, the Council responded to Mrs X’s escalated complaint. It said it would continue to provide tuition until the transition to EOTAS. It did not signpost to us. After further contact from Mrs X, the Council directed her to complain to us.

The Council’s response to my enquiries

28. In response to my enquiries, the Council said it was aware Mrs X found an AP placement that J appeared willing to attend. It said it did not intervene directly to secure or fund the placement based on the understanding the School retained responsibility for arranging provision and it did not formally request support from the Council.

Analysis

29. The investigation is limited to considering the role of the Council. We cannot consider the actions of the School as they are outside our jurisdiction to investigate.
30. I am satisfied the Council had regular meetings to monitor J’s progress and her individual needs during the period I am considering and generally responded to Mrs X’s ongoing concerns. It maintained oversight, remained flexible, and made adjustments depending on J at the time. It noted J’s overall progress as good and working well. It liaised with the School often, and other agencies where relevant. These are all positive and appropriate actions. However, there are shortcomings relating to some elements of provision, addressed below.

Tuition

31. The Council accepted it had a Section 19 duty to J as a Child with Medical Needs who could not attend school for health-related reasons. It had already provided tuition, and successfully built upon the hours of this, for a few years prior to 2024.
32. In 2024, Mrs X raised some concerns about the content and level of the tuition, considering J’s stage of education and her interests. The Council did respond to these. It took three months to put in the history tutor but I note J’s tutor at the time included history materials up until that point to keep J’s interest up, so I do not consider this led to significant injustice here with the time taken.
33. But Mrs X made the request for GSCE tutors in June 2024, which the Council agreed. We would say it reasonable to be in place by September 2024, but up to February 2025, the Council was not able to source appropriate tutors. I recognise the Council’s efforts in this, and it had difficulties because of limited availabilities of its providers, but this is fault. It did not provide agreed provision to meet her needs when starting Year 10. I appreciate J continued her tuition throughout this time (with history added) so she still had some education, but J’s educational progress would have been impacted as it was not at the agreed level.

Alternative provision

34. Since early 2024, Mrs X recognised J had education provision, but she needed additional support for her social and emotional needs. The School refused Mrs X’s request for the AP placement she found and said it could offer its on-site provision. The Council revisited this issue with the School in TAS meetings over the year, but it did not progress. There were disputes on who should fund this.
35. In my view, the Council placed too much reliance on the School around this. While a pupil’s school can be expected to arrange and deliver provision in the first instance, the ultimate responsibility for ensuring AP is suitable and accessible remains with the Council. The Council said the School did not formally request support for this, however I am not satisfied with this. In case notes, the Council appeared to disagree with the School’s approach and it said to me it advocated for the AP throughout but the School refused. Therefore, we would expect after some time, the Council would act to make arrangements itself towards putting this provision in place. This is fault by the Council.
36. However, on balance, I cannot say had it not been for this fault, whether J would have been able to attend or engage with this AP placement. But this creates a significant level of uncertainty for Mrs X, that had it been arranged sooner by the Council, whether it could have made a positive difference to J’s situation at the time. This is their injustice.

Complaint handling

37. The Council is at fault for not telling Mrs X how to escalate her complaint in its first and second responses. I note Mrs X then came to us of her own accord, and the Council later signposted her to us, so the injustice is limited but there was still some avoidable frustration for her here.

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Action

38. To remedy the injustice set out above, the Council has agreed to carry out the following actions within one month of the final decision:
• Apologise to Mrs X and J in writing for the injustice caused by the faults identified (in line with our guidance on making an effective apology);
• Pay Mrs X a symbolic payment of £1,650 to recognise the impact to J for the lack of agreed suitable education between September 2024 and February 2025. This could be used for J’s educational benefit; and
• Pay Mrs X a symbolic payment of £200 to recognise her injustice of uncertainty around the alternative provision placement.
39. The Council should provide us with evidence it has complied with the above actions.

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Decision

40. I find fault causing injustice. The Council agreed to the recommendations to remedy the injustice. I have completed my investigation.

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Investigator's decision on behalf of the Ombudsman