Summary: We will not investigate this complaint about the Council failing to arrange alternative provison for Y because there is insufficient evidence of fault and the injustice is not significant enough to warrant an investigation.

The complaint

1. Ms X complains the Council failed to provide suitable alternative education for Y when he could not attend school.

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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, or any injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6), as amended, section 34(B))
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)

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How I considered this complaint

4. I considered information provided by Ms X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Y was medically unfit to attend school in March 2025. Ms X informed the Council in April. The Council contacted Ms X and the school the same day it was informed.
7. The Council chased the school for information in June and received it in July, unfortunately just after the last S19 Panel for the academic year had sat.
8. When the Panel did consider alternative education for Y, it did not recommend S19 provison but gave advice and guidance to the school to help reintegrate Y.
9. The Council properly considered Ms X’s request, sought information from the school and ultimately decided not to provide alternative education. There is no fault in the way the Council made its decision so we cannot question the decision it made (see paragraph 3).
10. I acknowledge there was a delay in the making of the decision by the Council, and Y was without education from April to July, but the delay seems largely down to obtaining information from the school, and we cannot say it caused significant injustice as the delay did not impact the decision.

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Final decision

11. We will not investigate Ms X’s complaint because there is insufficient evidence of fault and the injustice is not significant enough to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman