Summary: Mrs C complained the Council failed to provide her daughter (X) with a suitable education or alternative provision when she was unable to attend her school placement. We found fault by the Council for causing a short delay in arranging educational provision in June 2025 and to properly consider increasing its offer in September 2025 when X was engaging with the limited provision available. We found no fault in how the Council handled X’s education prior to June 2025. The Council will apologise and make payment to Mrs C to acknowledge to injustice it faults caused them.

The complaint

1. Mrs C complained the Council failed to ensure her daughter (X) received a suitable full-time education since September 2023. She said:
• X’s school placement was unsuitable and could not properly support her;
• it failed to arrange alternative provision since late 2024 when X’s attendance reduced and the provision it later put in place was not full-time; and
• the Council wrongly said X should continue at her school with reintegration support in Summer and Autumn of 2025.
2. Mrs C said, as a result, X has experienced distress and a loss of education. She also she experienced distress and had cost for health reports and legal support.

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The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
6. We cannot investigate complaints about what happens in schools unless it relates to special educational needs, when the schools are acting on behalf of the council to secure educational provision as set out in Section F of the young person’s Education, Health and Care Plan.
7. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
8. The First-tier Tribunal (Special Educational Needs and Disability) considers appeals against council decisions regarding special educational needs. We refer to it as the Tribunal in this decision statement.
9. 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

10. I have investigated the Council’s handling of X’s education from September 2024 to October 2025.
11. I have not investigated Mrs C’s concerns about:
• X’s education before the 2024/2025 academic year. This is because this part of her complaint is late;
• events which occurred in School Y, how the school supported X with the EHC plan process, or its responses to Mrs C’s concerns about X’s education. This is because I cannot consider complaints about what happens in schools;
• The suitability of X’s school placement. This is because this was part of the EHC needs assessment process, and decisions about school placements carries appeal rights to the SEND Tribunal; and
• X’s education from October 2025. This is because this was when the Council issued X’s final Education, Health and Care (EHC plan). Mrs C has a separate complaint about this process and subsequent education for X. In addition, any dispute Mrs C has about X’s EHC plan carries appeal rights to the SEND Tribunal.

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How I considered this complaint

12. I considered evidence provided by Mrs C and the Council as well as relevant law, policy and guidance.
13. Mrs C and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
14. 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 provision

15. Section 19 of the Education Act 1996 says that councils 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.

Establishing a section 19 duty

16. 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.
17. If a council wants to see medical or other evidence, it should ask for it at the earliest opportunity. The council should account for any challenges a parent might have in obtaining evidence, and review its position based on any new evidence it receives.
18. 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.

Good practice guidance

19. We publish good practice guidance on how we expect councils to fulfil their responsibilities to identify and arrange alternative educational provision: Supporting children out of school (October 2025)
20. Our guidance says that councils should:
• consider all the reasons for a child’s absence from school, and make a written evidence-based decision about whether it will arrange alternative education provision;
• communicate this decision as a matter of good practice to parents and where it decides not to arrange alternative education tell parents the expectations about school attendance, and the potential consequences for continued absences;
• ensure the provision meets the individual needs of the child where it decides to arrange alternative education and explain its reasons for providing a part-time education if it decides the child cannot cope with full time provision;
• keep all cases of part-time education under review with a view to increasing when the child is able;
• work with parents and schools to draw up plans to reintegrate children to their normal educational setting as soon as possible, reviewing and amending plans as necessary; and
• ensure effective channels of communication between parents, internal teams, and external bodies (such as schools, and the NHS) so that issues are dealt with promptly by the right people, and that any complaints are identified and responded to under the relevant policy.
21. 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.

What happened

22. Mrs C’s daughter, X, started a new school placement in September 2023 with School Y. She had some special educational needs, but no Education, Health and Care (EHC) plan. School Y had put some support in place for Y and she was largely attending school.
23. In Autumn 2024 Mrs C said X struggled to attend School Y, partly as it was a large school and the impact this had on X. A part-time timetable and other adjustments were in place for X.
24. In November 2024 an incident occurred in school. Mrs C said X was unable to return to school after this due to the impact it had on her.
25. Mrs C told the Council in January 2025 X was unable to attend her school placement but was attending when she could. This was mainly subjects she liked and felt comfortable with.
26. School Y met with Mrs C. Its view was X should attend school to receive her education, but a full-time education may not be in her best interest at the time. It believed the support it had put in place was appropriate for her. This included key worker support, access to its learning support unit, a part-time timetable, and other adjustments.
27. The Council’s Health Related Education Team spoke with both Mrs C and the School. It also attended a review meeting in March 2025. It found the school placement was suitable and the aim should be for X to gradually increase her attendance. Her learning gaps had been identified and could be supported in school through the support available. It was aware some referrals for health support were in progress for X.
28. The Council also arranged a Team around the Family meeting for April 2025. This was to include Mrs C, the Council, School Y and health professionals involved with X. However, Mrs C cancelled the meeting.
29. In May 2025:
• X spent three days in school. Mrs C said this triggered a breakdown for Y;
• X had been seen by the Child and Adolescent Mental Health Services (CAMHS) and Mrs C shared its letter with School Y and the Council. This diagnosed X with an anxiety disorder;
• Mrs C also had a meeting with School Y. It suggested a part-time timetable with lesson choices for X, keyworker support, opportunities to socialise, and other adjustments. It suggested this should be reviewed again in September 2025;
• the Council’s Early Help was involved following a referral from School Y. It noted X was refusing school, and School Y had issued a notice to Mrs C for X to attend school. However, following the CAMHS letter, the school had changed her absence as authorised; and
• Mrs C applied to the Council for an EHC needs assessment for X with the help of an advocate and support from School Y.
30. Mrs C complained to the Council about its handling of X’s education since September 2023. She said the school placement was unsuitable. She also said the Council should have arranged alternative provision for X since November 2024 as she had been unable to attend school, but she could receive an education in her home. She said she wanted the Council’s Health Related Education Team to arrange provision including tutoring, provision at a hub, and therapy.
31. In response the Council did not agree it had failed to support X. However, it agreed for its Health Related Education Team to visit Mrs C and put support in place for X.
32. In June 2025 the Council’s Health Related Education Team visited Mrs C and X. It agreed to provide five hours per week of support to X in her home. The aim of the support was to provide X with some education and to help her reintegrate back into school. X attended some limited lessons at School Y during this time.
33. In July 2025 the Council agreed to complete an EHC needs assessment for X.
34. Mrs C escalated her complaint to the Council. She was happy with the Health Related Education Team support, but said this was not alternative provision or a full-time education for X. She disagreed X could be reintegrated back into School Y as she believed the school was not suitable for her.
35. In its final response the Council did not uphold Mrs C’s complaint. It said it had been involved in the process with Mrs C and School Y. However, its view was X’s placement at school Y was suitable for her and the school had put appropriate support in place for X to attend her education. It had since July 2025 put provision in place for X at a pace it believed she could manage. It explained it can consider if more alternative provision is appropriate in the September 2025 review.
36. Mrs C asked the Ombudsman to consider her complaint in September 2025.
37. The Council issued X’s final EHC plan in October 2025. A further amended final EHC plan was issued in late 2025 and listed a specialist school placement for X.

Analysis and findings

Educational provision for X before January 2025

38. I understand X was attending School Y from the start of the 2024/2025 academic year. She was struggling with attendance due to the impact the school environment had on her. However, the school had put in place a reduced timetable and support for her.
39. While I also understand X largely stopped attending School Y in November 2024 due to an incident at the school. Her limited or lack of attendance up to January 2025 was not known to the Council and she remained on roll.
40. I have therefore not found fault by the Council for how it considered X’s education or any concerns Mrs C has about the school’s handling of her education up to January 2025.

Educational provision for X between January 2025 and June 2025

41. X’s attendance at school was very limited in this period. Mrs C told School Y and the Council the placement was not suitable for her due to the impact this had on her. It is clear X was therefore not receiving a full-time education. Mrs C said this was due to a failure by the Council to provide alternative provision.
42. The Council had a duty to consider what action to take when it became aware of X challenges to attend school from January 2025. It is not for the Ombudsman to decide whether alternative provision should be put in place, such decisions are for the Council to make. However, I have considered whether there was fault in the process the Council followed to reach its decisions.
43. The evidence shows the Council’s Health Related Education Team:
• discussed Mrs C’s concerns with her and School Y in January 2025. It found the School had put appropriate support in place to support X attend her placement which included a reduced timetable and personalised support for X;
• considered whether any medical information was available for X. It was aware some health assessments were ongoing or scheduled;
• confirmed the school would review the arrangement, chased the review, and attended the review in March 2025. It considered the views of Mrs C , School Y and X’s attendance. It found the aim continued to be for X to gradually increase her attendance at School Y which it believed was suitable and available for X;
• arranged a Team Around the Family meeting to bring together knowledge and information about X and to discuss how best to support her going forward. However, this meeting was cancelled by Mrs C shortly before it was due to take place; and
• was aware the School marked X’s lack of attendance as unauthorised, but did not take any formal action against Mrs C.
44. I acknowledge X did not receive a full-time education and Mrs C believes the Council should have arranged alternative provision. However, I have not found fault in the process the Council followed to reach its decision not to provide alternative provision up to this point.

Educational provision for X been June 2025 to October 2025

45. In May 2025 X had a breakdown after attending school and Mrs C shared a CAMHS letter which set out a diagnosis for X. She also applied for an EHC needs assessment, complained to the Council, and asked for it to arrange tutors and other alternative provision for X. In addition, School Y amended its marking of X’s attendance as authorised due to the health diagnosis.
46. I found the Council was under a duty to consider and provide appropriate support to Y to enable her to receive an education when she was not in school in line with Section 19 of the Education Act 1996.
47. The evidence shows the Council did consider whether it should provide further educational support for X. It agreed for its Health Related Education Team to visit Mrs C and X to consider what support it should arrange in the home to support X with her education and reintegration with School Y. It subsequently put in place 5 hours of teaching and reintegration support per week which X accessed.
48. I found there was a short delay by the Council to act on its alternative provision duty. This is because it took over 6 weeks for any provision to be put in place. While I acknowledge it needed to visit Mrs C and X to properly consider the level and frequency of support, I have seen no good reason why this could not have happened 3-4 weeks sooner.
49. Mrs C also said the provision the Council put in place was not a full-time education. I have not found fault by the Council for providing the limited five hours per week of educational support for X in her home up to the end of the academic year. This is because:
• the Council had found it was not in X’s best interest to have a full-time education at the time, but to provide some tuition support and work with her to re-engage with her education at School Y. It was also aware X had some limited attendance school for some subjects or events;
• the Council confirmed its intention to review the arrangement at the start of the next academic year and consider whether further provision should be put in place;
• the EHC needs assessment process was ongoing at the time, and further medical evidence became available regarding X which needed to be considered before more or amended provision was arranged.
50. I found the Council’s short delay to put the provision in X’s home in place caused her an injustice. This was a loss of opportunity to receive the support a few weeks sooner, and this also caused Mrs C some frustration.
51. In September 2025 the Council continued its five hours per week of educational provision for X in her home. It was aware she had been able to engage with this fully, and Mrs C continued to ask for more alternative provision for X.
52. I also found fault by the Council for its failure to arrange further alternative provision for X from September up to the date its EHC plan was issued in October 2025. This is because I have seen no good reason or consideration why an increased offer of education could not have been put in place from the start of the academic year.
53. I acknowledge the EHC plan process was ongoing and the Council’s view remained School Y was appropriate and available to X during this period. However, it had accepted it had a duty to provide educational support and X remained unable to attend most of her education at school.
54. While an increase in the educational provision X received may still not have been a full-time educational offer, I found this caused X a loss of opportunity to receive some further educational provision or opportunities during this period.

Mrs C’s costs of for health reports and advice

55. I understand Mrs C had costs to obtain some health reports and advice as part of her dispute with the Council about X’s education and for the EHC plan process.
56. While the health reports she provided has since been considered by the Council and Mrs C may have found the advice helpful, I cannot recommend for such cost to be reimbursed to her. This is because the Council was not responsible for obtaining the health reports, and it was Mrs C’s decision to seek legal advice.

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Action

57. To remedy the injustice the Council caused to Mrs C and X, the Council should, within one month of the final decision:
1. apologise in writing to Mrs C to acknowledge the injustice its faults caused her and X;

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. pay Mrs C £750 to acknowledge the loss of opportunity X experienced to receive some educational provision in June 2025 and some increased offer of provision for a six-week period from September 2025, including the impact this had on Mrs C.
2. The Council should provide us with evidence it has complied with the above actions.

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Decision

59. I have completed my investigation with a finding of fault by the Council which caused Mrs C and X some injustice. The Council will apologise and make payment to acknowledge the loss of educational opportunity and frustration this caused.

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Investigator's decision on behalf of the Ombudsman