Summary: Mrs X complained the Council failed to secure suitable educational provision for her son, Y. We found the Council at fault for failing to secure suitable education for a significant period after becoming aware he was no longer receiving home education. There were also delays in securing special educational provision, poor communication, and delays in responding to Mrs X's complaint. This caused Y to miss a significant amount of education, and caused Mrs X avoidable distress, frustration and uncertainty. The Council will apologise, make a symbolic payment, and remind staff of its duties to secure suitable education for children not attending school.

The complaint

1. Miss X complains the Council has not put any educational provision in place for her son, Y after notifying them he would no longer be home educated.
2. She says this caused her distress and had a significant impact on Y’s wellbeing.

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The Ombudsman’s role and powers

3. 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 future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), 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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How I considered this complaint

6. I considered evidence provided by Mrs X and the Council as well as relevant law, policy and guidance.
7. Mrs 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

Legislation and Guidance

EHC Plan 

8. 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. The EHC Plan is set out in sections. We cannot direct changes to the sections about their needs, education, or the name of the educational placement. Only the Tribunal or the council can do this. 
9. The EHC Plan is set out in sections which include: 

• Section B: Special educational needs.  
• Section F: The special educational provision needed by the child or the young person. 
• Section I: The name and/or type of educational placement.

Section 19 duty

10. Section 19 of the Education Act 1996 says that the council must arrange suitable alternative educational provision when it finds that a child is unable to attend school because of a permanent exclusion, an illness, or for any other reason which make the school inaccessible to the child. The alternative educational provision must be suitable to the child’s age, ability and aptitude, and any special educational needs they have.

Arranging person centred provision

11. If the council decides it must arrange alternative provision, it needs to arrange provision based on the child’s individual needs. It should also have a review process to ensure the provision remains in the child’s best interests. Councils can decide a child cannot cope with full-time provision, especially where the reason for their non-attendance is medical. When this happens, the Council should provide reasons for the amount of provision it arranges.
12. If a child has an Education, Health and Care (EHC) Plan the council also has an ongoing duty to arrange the support guaranteed by the Plan. However, this might not always be possible, such as where the SEN support is designed for the child’s normal classroom setting.

Maintaining the EHC Plan

13. The council has a duty to make sure the child or young person receives the special educational provision set out in section F of an EHC Plan (Section 42 Children and Families Act). The Courts have said the duty to arrange this provision is owed personally to the child and is non-delegable. This means if the council asks another organisation to make the provision and that organisation fails to do so, the council remains liable (R v London Borough of Harrow ex parte M [1997] ELR 62), (R v North Tyneside Borough Council [2010] EWCA Civ 135)  

Elective Home Education (EHE)

14. Parents have a right to educate their children at home (Section 7, Education Act 1996). This can include the use of tutors or parental support groups. Elective home education is distinct from education provided by a council otherwise than at school, for example when a child is too ill to attend. In choosing to educate a child at home, the parents take on financial responsibility for any costs involved, including examination costs.
15. Councils have a duty to make arrangements to enable them to identify children in their area of compulsory school age who are not registered pupils at a school (including academies and free schools) and are not receiving suitable education otherwise (Section 436A, Education Act 1996).
16. In circumstances where the child cannot attend school, the council should be offering alternative provision to reduce the likelihood that a child will end up without suitable education.

What happened

17. In February 2024, Ms X notified the Council she would no longer be home educating her child, Y. She requested the Council consider an Education Otherwise Than At School (EOTAS) package at panel.
18. Later that month, Ms X contacted the Council for an update. The Council advised that Y’s case was not heard at panel as planned, and said it would be considered the following week.
19. In June, Ms X contacted the Council again. She said Y had been without educational provision since February. The Council responded that it was exploring suitable provision and would seek interim tuition for Y.
20. In October, Ms X sought a further update. She said Y remained without provision and that she had been told the panel had agreed an EOTAS package three weeks earlier, but she had received no further information.
21. In November, the Council issued Y's final EHC Plan. This replaced Y's previous EHC Plan and set out an increased level of special educational provision but did not name EOTAS but named a school. Ms X went on to appeal the named school to Tribunal.
22. Ms X complained to the Council. She said Y had been out of education since February and suitable tuition had not been arranged.
23. The Council responded in December. It accepted it had not done enough to secure provision for Y and said the panel had agreed EOTAS. It said a new coordinator would provide an update by the end of December.
24. In May 2025, Ms X escalated her complaint. She said she had received no further updates about Y's educational provision. The Council said it would respond by June 2025.
25. In June, Ms X contacted the Council again because it had not responded within the stated timescale.
26. In September, Y began receiving tutoring for two and a half hours per day, four days per week.
27. In October, Y began receiving Speech and Language Therapist (SaLT) sessions.
28. In November, following Tribunal, the Council issued a revised EHC Plan naming EOTAS.
29. In January 2026, the Council issued its final complaint response. It accepted it had breached its statutory duty because Y had been without education for a significant period. It said Y was then receiving tuition and SaLT, and Occupational Therapy (OT) would begin shortly.
30. In late January, Y began receiving OT provision.

Council response to enquiries

31. The Council confirmed it received notification in February 2024 that Ms X would no longer be home educating Y. It also confirmed no educational provision was secured for Y between February 2024, when it was notified, and July 2025.
32. The Council explained there was confusion about which team was responsible for arranging provision. It said a tuition provider was identified in June 2025, but the provider was unable to provide a suitable tutor immediately. Tuition was therefore arranged to start in September. The Council acknowledged there had been a lack of co-ordination between departments and said it had recruited a new co-ordinator, who has been in post since April 2026.
33. The Council said the delay in responding to the stage two complaint was due to an increase in the volume of cases, which had created a backlog. It said it had since recruited additional staff to help clear the backlog.
34. The Council offered a remedy of £4,050, comprising £3,400 for loss of educational provision, £350 for missed SaLT and OT, and £300 for delays in complaint handling. However, in response to our enquiries about the proposed remedy, it said it would increase this amount by a further £1,000 to reflect the additional period of missed OT resulting from the continued delay since its original offer.

My findings

Loss of education

35. The evidence shows Ms X notified the Council in February 2024 that she would no longer be home educating Y and requested EOTAS provision. The Council also acknowledged it became aware from that date that Y was without education. In its stage two complaint response, the Council accepted Y had been without suitable education for a prolonged period and that this did not meet its duties under Section 19. This indicates the Council had considered its Section 19 duty and accepted it was responsible for ensuring suitable educational provision was in place. The Council also subsequently arranged alternative provision, which it secured in June 2025 and arranged to begin in September 2025. Therefore I am satisfied the Council owed a duty under Section 19 throughout the period from February 2024 until suitable provision commenced.
36. I have seen no evidence, and the Council confirmed in its response to enquiries, that no suitable alternative education was provided between February 2024 and the commencement of tuition in September 2025. This was fault. As a result, Y missed a significant period of education and Ms X experienced avoidable distress, frustration and uncertainty.
37. My view is that the alternative provision delivered between September and November was suitable. Ms X has explained that the level of tuition was built up over time, which is reasonable and Y has continued to access tutoring for one hour forty-five minutes per day for four days per week since November 2025, which indicates that this arrangement has remained broadly consistent.

Loss of Special Educational Provision

38. During this period, Y had an existing Education, Health and Care (EHC) Plan in place which specified the special educational provision required to meet his needs. From February 2024 until November 2024, when Y's reviewed EHC Plan was finalised, Y missed provision including sensory support and structured peer interaction. This was fault. The amount of lost special educational provision then increased when the reviewed EHC Plan was finalised, as it introduced additional provision including increased sensory support, twice-weekly reviews, weekly peer sessions and daily check-ins.
39. When tuition began in September 2025, this reduced the extent of lost special educational provision. However, the tuition did not include peer sessions or group work, so Y continued to miss elements of the provision specified in his EHC Plan.
40. Y should have been receiving SaLT from February 2024, as this provision was included in both his previous EHC Plan and the reviewed EHC Plan finalised in November 2024. However, SaLT was not implemented until October 2025. This was fault. Occupational Therapy (OT) was added to the reviewed EHC Plan in November 2024 but was not implemented until January 2026. This was also fault. As a result, Y was without SaLT for approximately 20 months and without OT for around 45 weeks. Therefore, Y missed a significant amount of therapeutic provision intended to support his educational needs and Ms X experienced avoidable frustration and uncertainty.

Poor communication and complaint handling

41. There was also fault in the Council's communication and complaint handling. Ms X was required to repeatedly chase the Council for updates, was not kept informed about the progress of Y's case, and the Council significantly exceeded its timescale for responding to her stage two complaint. This caused Ms X avoidable frustration and uncertainty for Ms X.

Remedy

42. I acknowledge that the Council has offered a financial remedy to address the identified faults. I do not consider the Council's proposed remedy is sufficient. It does not reflect the full period of injustice, as my view is that the Council's section 19 duty arose from February 2024 rather than November 2024. It also does not adequately account for the varying levels of educational and special educational provision Y missed during that period. Taking into account the duration of the injustice, Y's significant special educational needs, and the increase in missed provision once the revised EHC Plan was finalised, I consider a higher remedy is appropriate and consistent with our Guidance on Remedies.
43. In calculating the remedy, I have considered the extent and duration of Y's lost provision over time. Between February 2024 and September 2025, Y was without suitable educational provision and did not receive the special educational provision he was entitled to. I have therefore recommended a payment of £1,200 per term to recognise the significant loss of education during that period. I have also recommended separate payments to recognise the loss of special educational provision. Between February and November 2024, Y did not receive the provision set out in his 2021 EHC Plan. In November 2024, the Council issued a new final EHC Plan which specified a greater level of special educational provision, but this additional provision was also not implemented. From September 2025, Y began receiving some educational provision through tutoring, which reduced the extent of the injustice, although some therapy provision remained outstanding until January 2026. The differing amounts recommended reflect the changes in provision available to Y over time, including the increased level of special educational provision specified in the November 2024 EHC Plan.

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Action

44. To remedy the injustice caused by the above faults, within four weeks of the date of our final decision, the Council will:
• Apologise to Mrs X for the faults identified, in line with our guidance. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology.
• Pay Mrs X a total of £9,500. If the Council has already made the payment it previously offered, it should pay the difference so that the total payment made to Mrs X is £9,500. This amount is calculated as follows:
1. Loss of educational provision between February 2024 and September 2025, at £1,200 per term, totaling £6,000.
2. Loss of special educational provision between February 2024 and November 2024, at £300 per term, totaling £600.
3. Loss of special educational provision between November 2024 and September 2025, at £600 per term, totaling £1,200.
4. Loss of therapeutic provision between September 2025 and January 2026. This comprises 45 weeks of missed OT at £20 per week (£900) and £350 for missed SaLT, as previously offered by the Council, totaling £1,250.
5. £300 for delays in complaint handling, as previously offered.
45. With three months of the date of our final decision, the Council will remind relevant officers of its duties under section 19 of the Education Act 1996 to secure suitable education for children who are unable to attend school and ensure there are appropriate systems in place to monitor cases where children are awaiting EOTAS decisions, so that interim provision is considered without delay.
46. The Council should provide us with evidence it has complied with the above actions.

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Decision

47. I find fault causing injustice. The Council has agreed actions to remedy injustice.

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Investigator's decision on behalf of the Ombudsman