Summary: We will not investigate Miss X’s complaint the Council has failed to provide suitable alternative educational provision for her child. This is because the Council correctly explained to Miss X that the responsibility for providing education fell with a different council. There is not enough evidence of fault by the Council to justify investigating.

The complaint

1. Miss X complains the Council failed to arrange suitable alternative provision for her child, Y, since November 2024, when Y became unable to attend school. She complains the Council failed to carry out welfare checks or any other contact despite sharing with the Council that she was keeping Y off school due to safeguarding concerns. Miss X complains the Council supported the School when it offered discriminatory and isolating adjustments, like keeping Y indoors during playtime.
2. Miss X complains the Council refused to investigate her complaint because she lived in a different Council’s area. She says Y’s School is in North Yorkshire Council’s area.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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))
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 the complainant.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. In the Council’s complaint responses to Miss X, it explained that City of Bradford Metropolitan District Council was responsible for Y’s education because she and Y lived in its area. While Y’s school is registered to North Yorkshire Council, the responsibility to provide education is with the local authority area in which the person lives.
9. Since Miss X does not live in the local authority area of North Yorkshire Council, it had no responsibility to arrange education for Y when Y was out of education. Rather, to its credit, it signposted Miss X to the Council responsible for Y’s education. For these reasons, we will not investigate this part of Miss X’s complaint because there is not enough evidence of fault by the Council to justify investigating.
10. Miss X complained about North Yorkshire Council who are the basis of this complaint. I have not considered any actions of City of Bradford Metropolitan District Council despite it being the responsible local authority for providing education to Miss X’s child. This is because Miss X has not complained to the Local Government and Social Care Ombudsman (the Ombudsman) about City of Bradford Metropolitan District Council. Should Miss X want to complain about the lack of education provided for Y, she would need to raise a complaint with City of Bradford Metropolitan District Council. Miss X could then make a separate complaint to the Ombudsman if she remains unhappy with its complaint response.
11. We cannot investigate Miss X’s complaint about the School’s decisions about Y’s attendance or any adjustments for Y’s special educational needs. This is because we have no power to investigate what happens in schools. The Council correctly signposted Miss X to the School’s complaints process.

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Final decision

12. We will not investigate Miss X’s complaint the Council has failed to provide suitable alternative educational provision for her child. This is because the Council correctly explained to Miss X that the responsibility for providing education fell with a different council. There is not enough evidence of fault by the Council to justify investigating.

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Investigator's decision on behalf of the Ombudsman