Summary: We will not investigate this complaint about the Council’s handling of a child’s special educational needs and its failure to provide alternative educational provision. This is because there is not enough evidence of fault to warrant an investigation.

The complaint

1. The complainant, Mrs X, complains the Council is not providing her child with a suitable education while she has been unable to attend school, and her child’s needs are not being met as specified in the Education, Health and Care plan.

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The Ombudsman’s role and powers
 

2. 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))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X complains the Council has not provided her child with a suitable school place. She says her child was not well enough to attend school and asked the Council to secure alternative provision pending the outcome of an early annual review of the child’s Education Health and Care (EHC) plan. Mrs X says work has not been provided to her child while not attending school.
6. The Council, in response to Mrs X’s complaint, says the child remains on roll and there is support on offer to reintegrate the child back into school. The Council is satisfied the school has provided work for Mrs X’s child.
7. The matter turns on whether the Council deems the school placement suitable and whether alternative provision is appropriate. That is not a matter on which we can express a view. The evidence shows that the Council has considered the matter and decided that the school’s actions have been reasonable and, in the circumstances, it was reasonable for it to work towards reintegration. The Council has agreed to conduct an early annual review of the child’s EHC plan. This is the appropriate way to consider the suitability of the current arrangements. The Ombudsman will not investigate Mrs X’s complaint as there is not enough evidence the Council is at fault.
8. Mrs X complains about how the Council handled her complaint. Where the substantive matter does not fall to be investigated, we will not normally consider how a council has responded to a complaint about it. It is not a good use of our resources to do so. That is the case here.

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Final decision

9. We will not investigate Mrs X’s complaint because there is not enough evidence the Council is at fault.

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Investigator's decision on behalf of the Ombudsman