Derby City Council (25 020 073)

Category : Education > Alternative provision

Decision : Closed after initial enquiries

Decision date : 12 May 2026

The Ombudsman's final decision:

Summary: We will not investigate Ms X’s complaint about missed tuition. We are unlikely to achieve more than the £250 offered by the Council.

The complaint

  1. Ms X says the Council failed to provide tuition for her child, Z, as ordered by a Tribunal.

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The Ombudsman’s role and powers

  1. 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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

  1. Z has an Education Health and Care Plan (EHC Plan). A Tribunal in July 2025 ordered that Z should receive tuition until they transitioned into full time education. They started a new school in mid September. The Council accepts it failed to provide the ordered tuition before Z’s placement began. It says this was a loss of one week’s tuition.
  2. Once the placement began, initially part time, it is accepted the placement offered to set up tuition but Ms X and Z rejected that offer.
  3. The Council in reply to Ms X’s complaint apologised and offered £250 for the missed tuition. We are unlikely to achieve more.

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Final decision

  1. We will not investigate Ms X’s complaint because our investigation would be unlikely to achieve more than the £250 offered by the Council.

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Investigator's decision on behalf of the Ombudsman

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