Summary: Ms X complained the Council failed to secure suitable education for Y, meaning he is behind where he should be in his learning. We do not find fault with the steps the Council took to secure education for Y.

The complaint

1. Ms X complains the Council failed to secure suitable educational provision for her son, Y, and keep this under review while he was not attending school between December 2024 and April 2025.

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The Ombudsman’s role and powers

2. 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 the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
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)
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)

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What I have and have not investigated

5. Ms X and Y lived in the Council’s area between November 2024 and April 2025. This is the period during which the Council was responsible for Y’s education and so I have only looked at events that took place between these dates. Any mention below to events that took place before November 2024 or after April 2025 are for reference only.

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How I considered this complaint

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

School attendance

8. The Education Act 1996 places a duty on parents to ensure their children of compulsory school age, receive a suitable full-time education. Failure to meet this duty is an offence. Councils have the power to prosecute parents who fail to ensure their child’s regular attendance at school.
9. Section 437(3) of the Act relates to whether the council considers that it is expedient for a child to attend school. A council might take the view that a child has physical, medical or educational needs which lead to extreme vulnerability in a school setting. Guidance says that in such cases, a council should consider alternatives.

Special educational needs

10. A young person with special educational needs (SEN) may have an EHC Plan. This sets out the young person’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. 
11. Where a child or young person moves to another council, the ‘old’ council must transfer the EHC Plan to the ‘new’ council. The new council must make sure the provision in the EHC Plan begins on the day of the move or within 15 working days of becoming aware of the move if this is later. The new council must review the EHC Plan either within 12 months of it last being reviewed or three months of the date of the transfer, whichever is the later date. (Section 15 Special Educational Needs and Disability (SEND) Regulations 2014)  

Alternative provision

12. 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.
13. 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.
14. 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.

What happened

15. I have summarised below some key events leading to Ms X’s complaint. While I have considered everything submitted, this is not intended to be a detailed account of what took place.
16. On 12 November 2024, the Council was notified Ms X and Y had moved into its area. The old Council explained it had agreed to carry out an EHC needs assessment for Y but had not yet made a decision on whether to issue an EHC Plan and provided the evidence it had gathered so far.
17. Y was offered a place at School A and went on roll there from 9 December. As Y had a history of non-attendance, School A engaged the Council’s SEND and Inclusion team for advice on how best to support him. Y was then placed on a part-time timetable with an individualised curriculum with the view to re-engage him and reintegrate him to full-time learning.
18. As Y was not attending all the planned sessions at School A, it entered conversations with Ms X and the Council about how this could be improved. The Council suggested that School A trial a period of arranging for Y to be picked up for school to get him into the routine.
19. The Council notified Ms X in January 2025 that it had decided to issue an EHC Plan for Y and met with her to discuss educational settings. Ms X told the Council she had decided to move back to the old Council area. The Council said Y would remain at School A in the meantime to ensure he had a school place.
20. The Council issued a final EHC Plan for Y on 26 February, naming School A as his educational setting.
21. In March 2025, Ms X informed the Council she would be moving back to the old Council’s area imminently and the Council transferred Y’s SEN file to them.
22. Ms X and Y moved out of the Council’s area in April 2025.
23. Notes show Y’s attendance at School A by the time he left its area was 16 sessions out of 152 that were offered.

Analysis

24. Ms X and Y moved into the Council’s area on 12 November 2024. From that point the Council was under a duty to secure suitable education for Y. Y did not yet have an EHC Plan in place specifying any particular setting or type of provision that the Council was duty-bound to secure. As a result, Y was then promptly enrolled at School A, a mainstream school in the area. The Council acted to ensure education was available to Y and I do not find it at fault here.
25. As Y had a history of non-attendance, School A consulted with the Council and agreed to place him on a part-time timetable with a personalised curriculum with a view to reintegrating him to school. The Council took the correct steps in considering Y’s history with schooling before agreeing a part-time timetable with School A and I do not find it at fault here.
26. Attendance records show even with a part-time timetable, Y was frequently not attending school. Notes show School A remained in contact with the Council and Ms X about this and the Council suggested additional measures, such as a trialling school-arranged pick-ups to encourage Y back into attendance. As the Council considered the attempts School A was making to support Y and facilitate his reintegration to school, I do not find it at fault here.

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Decision

27. I find no fault with the actions the Council took to secure education for Y while he was living in its area between November 2024 and April 2025.

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Investigator's decision on behalf of the Ombudsman