Summary: We will not investigate Ms X’s complaint that the Council has failed in its duty to make alternative educational provision for her child. There is insufficient evidence of fault to warrant an investigation.

The complaint

1. Ms X complains the Council has failed in its duty to provide alternative educational provision for her child. He says her child has missed out on education as a result and the matter has caused distress. She wants the Council to provide alternative educational provision, a suitable remedy for lost education and improve its service.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. 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)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X says her child, Y, has had prolonged absence from school due to Autism, emotional-based school avoidance and mental health reasons. She asked the Council to provide alternative educational provision for Y.
7. The Council decided there was insufficient evidence that Y was unable to attend school and so it would not arrange alternative provision. It said its position was that Y was able to attend with support provided by her school.
8. Ms X disagreed with this position and complained to the Council. In its complaint responses, the Council said it had considered the evidence provided but decided there was not enough evidence to show that Y was unable to attend school. It said it had provided advice and guidance to Y’s school about what actions it could take to support Y to attend.
9. We will not investigate this complaint. I accept Ms X disagrees with the Council’s position. However, the Council appears to have appropriately considered the matter before reaching its decision and so we cannot question the outcome. It is for the Council to consider the evidence in each case and to decide whether the duty to provide alternative educational provision applies. We cannot criticise the decision or substitute an alternative view where there is insufficient evidence of fault in how the decision was reached.

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Final decision

10. We will not investigate Ms X’s complaint because there is insufficient evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman