Summary: We will not investigate this complaint about the Council not providing alternative educational provision to Miss X’s child. This is because the injustice she claims stems from actions taken by the school, and there is not enough evidence of fault by the Council.

The complaint

1. Miss X complains her daughter’s school failed to provide alternative educational provision when she had low attendance, and failed to properly safeguard her.
2. Miss X says the school should have made alternative provision, counselling and applied for an Education, Health and Care Plan while her child had better attendance, instead of letting it fall.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. We cannot investigate most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended)

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How I considered this complaint

6. I considered information provided by Miss X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Miss X’s complaints mostly focus on the actions of her daughter’s school, rather than the Council. We have no power to investigate the school’s actions as set out at paragraph five.
9. While we can investigate complaints about local councils there is no evidence the Council was aware of the issues with the school until Miss X complained. Now it is aware it has asked Miss X to provide further medical evidence about the reasons for her daughter’s non-attendance to the school. The school may then make a referral to the Council for alternative educational provision and the Council will consider what it needs to do.

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Final decision

10. We will not investigate Miss X’s complaint because there is not enough evidence of fault by the Council to justify investigating, and there is no more we can achieve for Miss X while the referral process is ongoing.

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Investigator's decision on behalf of the Ombudsman