Summary: The Council was not at fault for the alternative education Miss X’s child received when they were not able to attend school.

The complaint

1. Miss X complained the Council failed to provide her child with fulltime alternative educational provision when they could not attend school.
2. Miss X said this had an impact on her child’s education and wellbeing. She said she had to look after her child because they were not in school, and she was therefore not able to work. Miss X said this caused financial hardship. She said it caused distress, anxiety, stress, and strain on the family.

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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. 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. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
6. 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)
7. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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What I have and have not investigated

8. Miss X complained about her child’s alternative provision from at least February 2023. She complained to the Council in August and September 2024. In September 2024, the Council asked Miss X if she wanted all of her contacts during that time to be added to her initial complaint. The Council has no record of a response from Miss X.
9. Miss X complained to the Ombudsman in May 2025. At the same time, Miss X contacted the Council about her complaint. The Council then responded to Miss X’s complaint at the first stage of its complaints process. It told Miss X she could ask the Council to consider her complaint at the second (and final) stage of its process. The Council has no record of a response from Miss X.
10. As I have said above, the law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply.
11. Technically this complaint has not completed the Council’s complaints procedure as Miss X did not ask it to consider her complaint at the second stage. However, the Council has agreed to allow the Ombudsman to investigate anyway.
12. As I have said above, we cannot investigate late complaints unless we decide there are good reasons.
13. In this case, Miss X complained to us in May 2025 about something she knew about since at least February 2023. Given the delays with the complaint, I find there are good reasons to exercise our discretion and look back to August 2023, which is 12 months before Miss X complained to the Council.
14. Miss X said she did ask the Council to consider her complaints together in September 2024, and she did ask for stage two. I do not consider this makes a difference to the scope of this investigation. Regardless of the reason for the delay in complaint handling, I have exercised our discretion and looked back to August 2023.
15. Miss X has another complaint with the Ombudsman which is investigating educational provision for her child from September 2024. For this reason, I have investigated up to August 2024.
16. Therefore, I have investigated Miss X’s child’s alternative educational provision from August 2023 to August 2024.

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How I considered this complaint

17. I considered the information and documents provided by Miss X and the Council. I spoke to Miss X about her complaint. I considered the relevant legislation and statutory guidance, set out below.
18. Miss X and the Council had an opportunity to comment on an earlier draft of this statement. I considered all comments and further information received before I reached a final decision.

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What I found

What should have happened

19. Section 19 of the Education Act 1996 says the council must arrange suitable alternative educational provision when it finds 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.
20. If a council discovers a child is absent from school for an extended period, it should consider the reasons for this, and take account of evidence from relevant parties (such as the child’s school, parents, and medical professionals). It must then decide whether it has a duty to make alternative educational provision.
21. Councils should consider any attempts the school is making to support the child. This might involve sending work home for the child to complete, arranging disability related support, placing the child on a reduced timetable, or providing online education as a short-term measure. If there is a clear, effective, and time-bound plan for reintegration then there may be no immediate role for the council in providing alternative education.
22. The Department for Education guidance (‘Working together to improve school attendance’) states all pupils of compulsory school age are entitled to a full-time education. In very exceptional circumstances there may be a need for a temporary part-time timetable to meet a pupil’s individual needs.  

What happened

23. Miss X’s child, B, was not able to attend their mainstream school. Miss X complained the alternative provision B was getting was not enough.
24. The Council said B’s school arranged and provided B with alternative education. It said its communications with the school and Miss X had been informative and timely. The Council said it was looking into other alternative educational providers because of Miss X’s preferences.

Analysis

25. Miss X complained the Council failed to provide her child, B, with fulltime alternative educational provision when B could not attend school. Miss X said the provision B got was not enough, and it was not suitable for their age, ability and aptitude.
26. The Council said it considered what provision the school had put in place during the period I have investigated (August 2023 to August 2024). The Council decided the school’s bespoke package of alternative education was suitable for B’s age, ability and aptitude.
27. The Council said B’s alternative education package was reviewed every six weeks. It said it maintained regular contact with the school about B’s provision. I find this shows the Council had appropriate oversight of B’s provision.
28. The Council satisfied itself that the school’s provision was suitable for B. The Council was entitled to make this decision. I find no fault with the way the Council made this decision. This means I cannot challenge the outcome of that decision.
29. I find the Council’s duty to provide B with alternative education was not triggered. This is because the school was providing a suitable package of alternative education for B. Therefore, the Council had no duty to provide any education.
30. Miss X said the school’s package was not enough provision for B. As I have said above, all pupils are entitled to a full-time education except in very exceptional circumstances where there may be a need for a temporary part-time timetable to meet a pupil’s individual needs. I find this was the case here.
31. Miss X’s disagreement with the amount and suitability of the provision is not evidence of fault with the Council.
32. For these reasons, I do not find the Council at fault.

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Decision

33. I find no fault.

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Investigator's decision on behalf of the Ombudsman