Overview:

Key to names used

• Mrs X The complainant
• Y Her child

Summary

We found the Council delayed for 13 months in arranging alternative educational provision from February 2024 after Mrs X’s child, Y, was unable to attend school. This is the second time we have found the Council at fault for failing to provide education to Y. This caused Y to miss out on a suitable education and caused Mrs X distress, frustration and uncertainty.

Finding

Fault found causing injustice and recommendations made.

Recommendations

The Council must consider the report and confirm within three months the action it has taken or proposes to take. The Council should consider the report at its full Council, Cabinet or other appropriately delegated committee of elected members and we will require evidence of this. (Local Government Act 1974, section 31(2), as amended)

To remedy the injustice caused, within one month of this report the Council has agreed to:

• apologise to Mrs X to recognise the distress, frustration and uncertainty caused by its delay in arranging alternative educational provision for Y and for the three terms of education Y missed from February 2024 until March 2025. We publish guidance on remedies which sets out our expectations for how the Council should apologise effectively to remedy injustice. The Council should consider this guidance in making the apology we have recommended.

• increase the financial remedy offered and pay a total of £5,900 to recognise Y’s missed educational provision between February 2024 and July 2024, and October 2024 and March 2025. This includes the £4,000 the Council already offered, if this has not yet been paid.

Within three months of this report the Council has agreed to:

• review its processes to ensure it maintains oversight where it relies on schools to arrange its alternative provision, and takes timely action when a school does not arrange the provision or the provision planned cannot be put in place.

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