Summary: We will not investigate Mrs X’s complaint about alternative education provision for her child. There is insufficient evidence of fault to warrant an investigation. We will also not investigate her complaint about the Education, Health and Care Need Assessment because she has a right of appeal to the Tribunal.

The complaint

1. Mrs X complains the Council failed to provide suitable alternative education for her child between February and September 2024 when they were unable to attend school because of illness.
2. Mrs X complains the ‘medical needs’ provision which was in place from September 2024 was not suitable.
3. Mrs X also complains the Council declined an application for an Education, Health and Care Need Assessment for her child in November 2025.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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 there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
6. We cannot investigate most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended)
7. 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.

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How I considered this complaint

8. I considered information provided by Mrs X and the Council.
9. I considered the Ombudsman’s Assessment Code.

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My assessment

10. Mrs X’s child Y did not attend school between February and September 2024 because of illness. The school was responsible for arranging Y’s education and for alerting the Council if Y required alternative provision because of a long-term absence. I will not investigate this part of Mrs X’s complaint. Mrs X needs to complain to the school if she is dissatisfied with the education provision for her child between February and June 2024.
11. The Council has statutory duties under section 19 of the Education Act 1996 to arrange suitable and (normally) full-time education for children of compulsory school age who, because of exclusion, illness or other reasons, would not receive suitable education without such provision being arranged. There is no legal deadline by which local authorities must start to arrange education for children with additional health needs.
12. Once it received the referral from the school in June 2024, the Council worked with the school to create an education package for Y which started on 18 September 2024. It was reasonable for the provision to start in September as the referral was made close to the end of the school year, and Y started GCSEs in September. I will not investigate this aspect of Mrs X’s complaint because there is insufficient evidence of fault by the Council to warrant an investigation.
13. From the evidence I have seen, there were regular review meetings to discuss the education provision for Y which were attended by the school, the Medical Needs Service and Mrs X. The education provision was amended to accommodate Y’s subject preferences, engagement, energy levels and medical needs. There is insufficient evidence of fault to investigate this aspect of Mrs X’s complaint.
14. Mrs X also complained the Council declined the application for an Education, Health and Care Need Assessment for her child in November 2025. I will not investigate this aspect of the complaint because Mrs X has a right of appeal to the Tribunal.

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Final decision

15. We will not investigate Mrs X’s complaint about alternative education provision for her child. There is insufficient evidence of fault to warrant an investigation. We will also not investigate her complaint about the Education, Health and Care Need Assessment because she has a right of appeal to the Tribunal.

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Investigator's decision on behalf of the Ombudsman