Summary: Mrs X complained the Council incurred delays in arranging alternative educational provision for her daughter when she was unable to attend school. She also complained the Council did not provide sufficient support or adequate alternative educational provision. Mrs X says the Council’s actions negatively impacted her daughter’s educational progress and emotional wellbeing, as well as placing a considerable strain on the family. We found fault by the Council. The Council has agreed to provide an apology and a financial remedy, and to review its alternative education policy and procedure.

The complaint

1. Mrs X complained the Council incurred delays in arranging alternative educational provision for her daughter when she was unable to attend school. Mrs X also complained the Council did not provide sufficient support to her daughter and did not provide adequate alternative provision. Mrs X says the Council left her daughter without a suitable education for a prolonged period, negatively impacting her educational progress, confidence and emotional wellbeing. She says the Council’s actions also placed a considerable strain on the family. Mrs X would like the Council to provide a financial remedy in recognition of the impact to her daughter, and for the Council to provide her daughter with a suitable education.

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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. 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)
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. I have investigated the complaint for the period August 2024 (12 months prior to Mrs X bringing the complaint to the Ombudsman) to August 2025 (the date of the Council’s final complaint response).
6. Mrs X says the Council failed to review and adapt the alternative provision for a period after August 2025. I have not investigated this period because this timeframe was not part of the Council’s complaint investigation.

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How I considered this complaint

7. I considered evidence provided by Mrs X and the Council as well as relevant law, policy and guidance.
8. Mrs X and the Council had an opportunity to comment on a draft of this decision. I considered any comments before making a final decision.
9. Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).

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What I found

Alternative educational provision

10. Under section 19 of the Education Act 1996 councils have a duty to make arrangements for the provision of suitable education, at school or otherwise, for children who, because of illness or other reasons, may not receive suitable education unless such arrangements are made for them.
11. Councils must “make arrangements for the provision of suitable education at school or otherwise than at school for those children of compulsory school age who, by reason of illness, exclusion from school or otherwise, may not for any period receive suitable education unless such arrangements are made for them.” (Education Act 1996, section 19(1))
12. The statutory guidance says the duty to provide a suitable education applies “to all children of compulsory school age resident in the council area, whether or not they are on the roll of a school, and whatever type of school they attend”.
13. Suitable education means efficient education suitable to a child’s age, ability and aptitude and to any special educational needs they may have. (Education Act 1996, section 19(6))
14. The education provided by the council must be full-time unless the council determines that full-time education would not be in the child’s best interests for reasons of the child’s physical or mental health. (Education Act 1996, section 3A and 3AA)
15. The law does not define full-time education but children with health needs should have provision which is equivalent to the education they would receive in school. If they receive one-to-one tuition, for example, the hours of face-to-face provision could be fewer as the provision is more concentrated. (Statutory guidance, ‘Ensuring a good education for children who cannot attend school because of health needs’)
16. We have issued guidance on how we expect councils to fulfil their responsibilities to provide education for children who, for whatever reason, do not attend school full-time. The guidance, ‘Out of school, out of sight?’, published in July 2022 made six recommendations. Councils should:
• consider the individual circumstances of each case and be aware that a council may need to act whatever the reason for absence (except for minor issues that schools deal with on a day-to-day basis) – even when a child is on a school roll
• consult all the professionals involved in a child's education and welfare, taking account of the evidence when making decisions
• choose (based on all the evidence) whether to require attendance at school or provide the child with suitable alternative provision
• keep all cases of part-time education under review with a view to increasing it if a child’s capacity to learn increases
• work with parents and schools to draw up plans to reintegrate children to mainstream education as soon as possible, reviewing and amending plans as necessary
• put the chosen action into practice without delay to ensure the child is back in education as soon as possible;
17. Where councils arrange for schools or other bodies to carry out their functions on their behalf, the council remains responsible. Therefore, councils should retain oversight and control to ensure their duties are properly fulfilled.

Principles of good administrative practice

18. In 2018 the Ombudsman published a guidance document (updated in January 2025), setting out the standards we expect from bodies in jurisdiction “Principles of Good Administrative Practice”. This includes:
• Stating the criteria for decision making and giving reasons for decisions
• Keeping proper and appropriate records
• Explaining clearly the rationale for decisions and recording them

What happened

19. This chronology includes key events in this case and does not cover everything that happened.
20. Mrs X’s daughter, Y has a diagnosis of autism spectrum disorder and anxiety.
21. Mrs X says Y’s attendance at her education setting at the time, School A, began to deteriorate in September 2024 as a result of her anxiety. Mrs X says that from October 2024, Y was not able to attend School A at all.
22. In November 2024, the Council’s Early Help team opened a case regarding Y to provide support, including assistance with accessing education.
23. On 11 December 2024, the Early Help team carried out the first of several visits to Mrs X and Y at their home. The Council recorded that Y’s attendance at school amounted to one morning since the start of the October 2024 term.
24. In January 2025, Mrs X asked the Council to carry out an Education, Health and Care (EHC) needs assessment for Y, with a view to obtaining an EHC Plan from the Council.
25. On 24 January 2025, the Council received a request for alternative provision for Y from School A.
26. School A notified Mrs X on 26 January 2025 that it had made the request to the Council for provision under section 19 of the Education Act 1996.
27. The Council allocated an Education Welfare Officer (EWO) to Y on 26 March 2025. At about the same time, School A contacted the Council to check the status of the section 19 referral made on 24 January 2025.
28. On 16 April 2025, the EWO completed a section 19 referral request for consideration by the Council’s Alternative Provision Panel (APP). The EWO told Mrs X that the APP would consider the request on 29 April 2025.
29. The APP considered the referral on 29 April 2025 and agreed to provide section 19 provision for Y. The APP decided to provide two-hour tuition sessions three times a week, starting at home, before moving to an education setting.

Mrs X’s complaint

30. Mrs X complained to the Council on 9 May 2025. She said the Council had failed to secure suitable full-time education for Y since she had been unable to attend school in October 2024. Mrs X also said she had received no further contact from the Council regarding the APP meeting on 29 April 2025. Mrs X asked the Council to provide a financial remedy and arrange suitable alternative provision.
31. The Council’s Early Help team closed its case on 22 May 2025, noting that the APP had agreed to provide home-tuition.
32. The Council provided its complaint response on 2 June 2025. The Council said it had agreed to provide alternative provision under section 19 but acknowledged it had delayed organising this. The Council said this was due to staff sickness, annual leave and the need to arrange a meeting with all relevant professionals. The Council apologised for the delay. The Council referred to Mrs X’s request for an EHC needs assessment. It acknowledged it had initially declined to carry out an assessment, but stated it had now agreed to the request following an appeal from Mrs X.
33. Mrs X says the alternative provision agreed by the Council started in June 2025.
34. On 19 June 2025, Mrs X escalated her complaint. Mrs X said the Council’s response understated the gravity of the situation as Y had been without education for an extended period. Mrs X said the current alternative provision was wholly inadequate and did not represent a suitable full-time education. She said the Council had failed to assess Y’s individual needs and had failed to provide a tailored support framework. Mrs X said the lack of support had left Y isolated, academically behind and without access to opportunities enjoyed by her peers. Mrs X also complained the Council had failed to offer an appropriate remedy.
35. The Council provided its stage two complaint response on 28 August 2025. The Council acknowledged it received a section 19 request from School A on 24 January 2025 but did not allocate an EWO to Y’s case until 26 March 2025. The Council said this was due to staff sickness and a significant demand for alternative provision.
36. The Council said it agreed to provide alternative provision on 21 May 2025, and until this agreement was reached, it was School A’s responsibility to organise alternative provision if it felt this was necessary. The Council said alternative provision of six hours a week was usually the starting point when children had been out of full-time education for some time. It said it considered this amount of alternative provision was suitable for Y given her absence from full-time education and her complex needs. The Council said the level of tutoring was due to be reviewed and any request for an increase in provision could be considered by the APP. Regarding the assessment of Y’s individual needs, the Council said it was assessing whether Y needed an EHC Plan.
37. Mrs X remained dissatisfied with the Council’s response and brought her complaint to the Ombudsman.

Analysis – delays in arranging alternative educational provision

38. Mrs X complained the Council incurred delays in arranging alternative educational provision for Y when she was unable to attend school.
39. The Council’s complaint response acknowledged there was a delay in organising section 19 provision for Y. The evidence supports this.
• The Council was aware in December 2024 (as part of the Early Help team’s involvement) that Y was not attending School A, and that the school was only providing English and Maths paper copy work sheets. The Council was therefore aware from this time that Y was not attending school and was not receiving a full-time education.
• School A made a section 19 referral to the Council in January 2025.
• The Council did not allocate an EWO until March 2025.
• The EWO did not complete a section 19 referral to the APP until April 2025. The panel subsequently approved section 19 provision.
• Home tuition did not start until June 2025. This is six months after the Council first became aware that Y was not attending school.
40. I agree with the Council’s findings and find the Council did incur delays, as set out above. This delay is fault.

Mrs X’s complaint about inadequate alternative provision

41. Mrs X complained that the alternative provision provided to Y was inadequate and did not represent a full-time education.
42. As stated in paragraph 14, the education provided must be full-time unless the council determines that full-time education would not be in the child’s best interests.
43. The Council’s section 19 policy states it is for the local authority to decide what provision is required for a child who is too ill to attend school, after considering medical advice and information from the child’s parent and school. It says the panel will consider the child’s capacity to engage with education and determine the quantity of education through commissioning.
44. The section 19 referral completed by the EWO recommended 1:1 tuition. This information was considered at the APP on 29 April 2025.
45. The only case notes or record provided by the Council in relation to the APP meeting state that the Council agreed to provide three two-hour tuition sessions per week, starting at Y’s home. However, the records do not state how the panel reached its decision regarding the type, frequency or duration of the alternative provision.
46. The Council’s complaint response dated 28 August 2025 states that six hours per week “is usually the starting point for alternative provision when children have been out of full-time education for some time”. I acknowledge the Council’s explanation that it considers six hours per week is usually the starting point; however, the Council must consider each case based on its own merits. The Council’s section 19 policy states the authority will decide what provision is required after considering medical evidence and advice from the child’s school and parents. The policy does not refer to a “starting point” of six hours.
47. As per the principles of good administrative practice referred to in paragraph 18 of this statement, we expect bodies in jurisdiction to keep proper and appropriate records which explain clearly the rationale for decisions. The evidence indicates the Council did consider the advice available to it at the time (information from CAMHS, School A, Y’s GP and Mrs X) as this is referenced in the EWO’s section 19 referral form. However, the Council’s failure to record its rationale for how it considered this advice and how it decided that six hours per week was appropriate in this case, is fault.
48. The Council’s case notes state the panel reviewed Y’s case on 10 June 2025 and again on 8 July 2025. However, the case notes are extremely sparse and do not demonstrate how the panel considered the level of alternative provision provided remained appropriate. The lack of records demonstrating the Council’s reasons for its decision to maintain the level and type of alternative provision is not in accordance with the principles of good administrative practice. This is fault.
49. The injustice resulting from this fault is the uncertainty as to how the Council made its decision regarding the level of alternative provision required, and how/why it decided to maintain the level of provision for the duration of the period under investigation.

Previous investigations, complaint remedy and service improvements

50. The Council told Mrs X in August 2025 that School A should have implemented alternative provision until the local authority agreed to make the arrangements.
51. Whilst schools are expected to work with local authorities, ultimately, it is the responsibility of local authorities to make suitable educational provision for children of compulsory school age who are absent from school because of illness, permanent exclusion, or who are ‘otherwise’ unable to attend school. It is incorrect to assert that responsibility for ensuring the suitability of alternative provision rests with schools.
52. The Ombudsman has made previous decisions in 2025 highlighting similar concerns regarding the Council’s apparent misunderstanding of its section 19 duties. It is noted however that these previous investigations relate to a similar period as the period investigated in this case. As a result, the Council should therefore have now implemented the learning from those previous investigations.
53. When we decide an organisation needs to learn from any fault identified, to prevent likely injustice to others in the future from similar fault, we can recommend actions it needs to take. We call this a service improvement. I have recommended a service improvement in the following section of this decision statement.
54. When someone has suffered an injustice, we try to put them back in the position they would have been had that error not occurred. Our focus is on restoring services that have been denied and taking practical steps to put things right. Where that is not possible, we will try to think of remedies that acknowledge the impact of the fault identified.
55. Where fault has resulted in a loss of educational provision, we will usually recommend a remedy payment of between £900 and £2,400 per term to acknowledge the impact of that loss. The symbolic payment is intended to remedy the injustice caused to the child from missing provision, as well as the consequential injustice also caused to the family due to this fault.
56. Mrs X says the Council’s actions had a significant impact on Y, leaving her without suitable education for a prolonged period, followed by a period of limited provision which did not meet her needs. Mrs X says this affected Y’s educational progress, confidence and emotional wellbeing, and made engaging with learning extremely difficult.

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Action

57. To address the injustice identified, the Council has agreed to take the following action within one month of the final decision:
1. Provide an apology to Mrs X and Y. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology I have recommended in my findings
2. Make a symbolic payment of £3,000 for the benefit of Y in recognition of the lost education. This represents the almost two terms of missed education (December 2024/January 2025 when the Council’s Early Help team identified Y was not attending school and School A’s section 19 request, to June 2025 when alternative provision started). This amount is in accordance with the Ombudsman’s Guidance on Remedies;
3. Make a further symbolic payment of £300 to Mrs X in recognition of the uncertainty regarding how the Council decided what level of provision to provide for Y;
4. Share the final decision with all relevant staff who deal with the consideration of and decision-making for section 19 requests as a reminder that it is the Councils duty to make arrangements for the provision of suitable education, at school or otherwise, for children who, because of illness or other reasons, may not receive suitable education unless such arrangements are made for them.
58. The Council has also agreed to take the following further action within three months of the final decision:
1. Review the Council’s section 19 policy and relevant procedures to make sure it retains control and oversight of the actions required to:
1. avoid delays in considering section 19 requests once they are received;
2. report potential section 19 duties to the relevant team if they are identified by another service;
3. avoid delays in the procurement of section 19 provision once it is agreed, and
4. ensure the Council records and retains appropriate information regarding its rationale for decisions relating to section 19 provision.
59. The Council should provide us with evidence it has complied with the above actions.

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Decision

60. I find fault causing injustice. The Council has agreed to take the above action to remedy the injustice and I have therefore concluded my investigation.

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Investigator's decision on behalf of the Ombudsman