Summary: There was no fault in how the Council considered and put in place alternative provision for Mr X’s child, Y between February 2024 and March 2025. The Council provided tuition for Y and then provided a place at its alternative provision placement in January 2025 without fault.

The complaint

1. Mr X complained the Council failed to ensure his child, Y received suitable alternative provision since January 2024 when they were unable to attend school due to anxiety and health reasons. He also complained about poor communication around Y’s transition to an alternative provision placement in early 2025.
2. Mr X said Y’s education and mental health has suffered and has caused distress and uncertainty.

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The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
4. When considering complaints we make findings based on the balance of probabilities. This means that we look at the available relevant evidence and decide what was more likely to have happened.
5. 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)

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What I have and have not investigated

6. I have investigated from early 2024 when the Council initially put alternative provision in place until the Council’s final complaint response to Mr X in March 2025.

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How I considered this complaint

7. I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
8. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Section 19 Duty and alternative provision

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. The law does not define full-time education but children with health needs should have provision which is equivalent to the education they would receive in school. If they receive one-to-one tuition, for example, the hours of face-to-face provision could be fewer as the provision is more concentrated. (Statutory guidance, ‘Ensuring a good education for children who cannot attend school because of health needs’).
11. We have issued guidance on how we expect councils to fulfil their responsibilities to provide education for children who, for whatever reason, do not attend school full-time. Out of school, out of sight? published July 2022
12. We made six recommendations. Councils should:

• consider the individual circumstances of each case and be aware that a council may need to act whatever the reason for absence (except for minor issues that schools deal with on a day-to-day basis) – even when a child is on a school roll;
• consult all the professionals involved in a child's education and welfare, taking account of the evidence when making decisions;
• choose (based on all the evidence) whether to require attendance at school or provide the child with suitable alternative provision;
• keep all cases of part-time education under review with a view to increasing it if a child’s capacity to learn increases;
• work with parents and schools to draw up plans to reintegrate children to mainstream education as soon as possible, reviewing and amending plans as necessary; and
• put the chosen action into practice without delay to ensure the child is back in education as soon as possible.

EHC Plans

13. A child or young person with special educational needs may have an Education, Health and Care (EHC) Plan. This document sets out the child’s needs and what arrangements should be made to meet them. Statutory guidance ‘Special educational needs and disability code of practice: 0 to 25 years’ (‘the Code’) sets out the process for carrying out EHC assessments and producing EHC Plans.

What happened

14. Mr X has a child, Y who in early 2024 attended a mainstream secondary school in year seven. Mr X said Y stopped regularly attending towards the end of 2023 and by early 2024 was not attending at all.
15. In February 2024 Mr X, Ms Z (Y’s mother) met with Y’s school. The records of the meeting were recorded on Y’s Personal Learning Plan (PLP). The PLP shows Y was not attending school due to anxiety and was not accessing online work which the school had set. The Council agreed to put some home tuition in place which was two x two hour sessions initially.
16. A review of Y’s provision took place in April 2024 which the Council attended. The PLP record shows Y’s tuition had increase to three x two hour sessions. Y also attended an outside provision for a day each week which included mentoring and had social communication with the school on other days. Records of Y’s tuition shows he was unable to fully engage with all of the session each week on a consistent basis.
17. The PLP included a six week plan which included gradual reintegration and visits to the school site. The aim was to have all of the tutor sessions on school site by June and then put in place a part time timetable in September 2024.
18. The Council reviewed Y’s PLP again in June and July 2024. The PLP showed an EHC needs assessment was being considered (this process began in September 2024) and the three tutor sessions were still in place. Y’s tutor however had left and a new tutor was in place which was upsetting Y. Records show it was suggested a part time timetable in September would be difficult due to Y’s anxiety.
19. The tuition records between May and July show that again Y was not engaging with all the sessions on a regular basis which Mr X said was because of changes in tutors.
20. Following a Team Around the Family (TAF) in September 2024 the Council informed Mr X that it would extend Y’s mentoring for a further six weeks but it would then end in October.
21. Another review took place in November 2024. The tuition sessions remained the same and records show that Y generally engaged with most sessions after September. Mr X raised that Y was not getting enough education. The PLP shows Y’s mentoring at the outside provision had now ended. The Council told us the arrangement was only ever a short term one.
22. The Council carried out a further review in December 2024 which showed a referral was made for Y to start attending Provision B, which is a physical alternative provision school for children out of school for medical and health reasons. TAF meeting minutes from December 2024 show the Provision B was discussed with both Mr X and Ms Z. The minutes state a taxi would be provided for transport and the arrangement would include online small group teaching to slowly integrate Y.
23. The Council’s alternative provision panel approved the placement for Y to begin in January 2025. This would include five afternoon sessions, small group activities and forest school and also some online learning. It also approved two weeks further funding of Y’s tuition in the first two weeks of January to help with the transition. Records show Mr X visited Provision B in December and January.
24. Mr X complained to the Council in October and December 2024. He complained about inadequate alternative provision since February 2024 and about the removal of Y’s mentoring without consultation. He said the tutors were not trained in trauma and emotional needs which caused Y to not engage with some of the sessions. He said the frequent change in tutors had made Y become dysregulated.
25. Mr X made a further complaint in January 2025 about Y’s move to Provision B which he said was done without a proper transition plan in place. Mr X said the two week period was not enough to prepare Y for the move. Mr X said he raised concerns at a recent Team Around the Family meeting and said the quick transition to put Y on roll would likely be disastrous for Y’s mental health and education.
26. The Council responded to Mr X in February 2025. The Council stated Provision B would provide Y with a high level of education to meet their needs. The Council acknowledged the process had upset Mr X but asked him to focus on supporting Y at Provision B.
27. Mr X was unhappy with the response and said it had not fully responded to all of the concerns he had raised in his complaints.
28. The provided a further response in March 2025. It said Provision B is the Council’s commissioned provider for alternative provision for children who cannot attend school due to illness. It said a multi-agency professionals meeting agreed Y’s place at Provision B and the Council had provided two weeks tuition to support the transition. It noted Mr X had visited Provision B in December and then took Y for a visit in early January. The Council said it consulted with Mr X on the decision and put a supportive transition in place. It said Y’s home tuition arrangement was a short term package which would not remain in place indefinitely. Despite this it had reviewed and extended it on multiple occasions.
29. Provision B provided a report at the end of March 2025 of Y’s progress so far. This noted attendance was over 74% and that Y was attending and engaging well with lessons and the forest school. Y had also taken part in visits and activities with their peers.
30. Mr X remained unhappy and complained to us.
31. Since complaining to us the Council issued Y with an EHC Plan in August 2025. Y remains attending Provision B however if Mr X has more concerns about how the Council has handled Y’s education since it issued the EHC Plan then it is open for him to make a new complaint.

My findings

32. The Council accepted in early 2024 that it had a duty to provide alternative provision for Y. It put in place tuition at home which it increased and then kept in place until the end of 2024. Records show the Council regularly reviewed Y’s arrangements, had a reintegration plan in place and each time it consulted with Mr X and Y’s mother. While the change in tutors clearly caused some upset this was out of the Council’s hands. While six hours of tuition is minimal records show Y did not always engage with every lesson, but engagement increased as time went on. The PLP records generally show Y’s anxiety was high throughout. On balance, based on the evidence I have seen it is unlikely Y would have fully engaged with an increase in those hours. The Council carried out the steps we would expect as outlined in paragraph 12 and there is no evidence of fault.
33. At the November 2024 review meeting Mr X raised that Y was not getting enough education. The Council shortly after referred Y to Provision B and its panel accepted Y for a January start. This is appropriate action to take. Records show Mr X was consulted about the move, managed to visit Provision B twice and the Council funded two weeks further tuition to help with Y’s transition. The report from March 2025 shows Y had made good progress and was engaging well. There is no evidence of fault.

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Decision

34. I find no fault.

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Investigator's decision on behalf of the Ombudsman