Leeds City Council (24 022 215)
The Ombudsman's final decision:
Summary: We have ended our investigation and uphold Miss X’s complaint about her son, Y missing education. During the investigation, the Council offered a suitable remedy for the injustice caused to Miss X and Y.
The complaint
- Miss X complained the Council failed to find her disabled son a school place when they moved to the area. She said he did not receive a suitable education for over a year and became anxious and depressed because he had no social interaction. She also said this had a financial impact on the family as he was entitled to free school meals but was not in school to receive them.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. 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)
- It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
- I considered evidence provided by Miss X and the Council as well as relevant law, policy and guidance.
- Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
What I found
Background
- In 2022, Miss X moved to the area with her son, Y who has special educational needs (SEN) and an Education, Health and Care (EHC) Plan. The Council consulted Miss X’s preferred school, but it declined to offer Y a place. For one and half terms, Y did not have a school placement or alternative provision (AP). In its complaint response to Miss X, the Council offered a remedy in line with the Ombudsman’s Guidance on remedies for the missed provision. Miss X accepted this.
- The Council then secured AP for Y which he started in September 2023 for 5 hours per week. Miss X complained that Y did not have a school placement and that 5 hours per week was not enough. In its response, the Council allocated a new case worker, and arranged an annual review to explore post-16 options for Y.
- The Council carried out an annual review of Y’s EHC Plan in January 2024. It decided to continue the 5 hours per week of tuition for Y until the end of the academic year. It also agreed to consult colleges to start in September 2024. In February, the Council issued a Final Amended EHC Plan, naming a college placement.
- The Council said that it had discussed with Miss X, the tuition continuing to the July 2024 and Y’s college placement. It said it believed she was satisfied with both.
- In April 2024, Miss X escalated her complaint to stage 2. She said that Y had missed out on more education than the Council remedied for. The Council said that although Y was out of school, it had arranged suitable tuition for him. The Council recognised the delay Miss X experienced during the complaint process and offered a symbolic payment in recognition of the time and trouble it had taken her to complain.
- In September 2024, Y started at college.
- Miss X brought her complaint to the Ombudsman in March 2025.
- In response to my enquiries, the Council offered a further £1000 to Y and his family. For the missed free school meals (£450), for the lack of wider SEN provision (£250) and the impact this will have on Y’s social and emotional wellbeing (£300).
- This is in line with The Ombudsman’s guidance on remedies. I have therefore ended my investigation and uphold Miss X’s complaint as the Council offered a suitable remedy.
Decision
- I have ended my investigation and uphold Miss X’s complaint. The Council has offered to take action which I believe to have resolved the outstanding issue and no further action by the Ombudsman is needed.
Investigator's decision on behalf of the Ombudsman