Summary: We will not investigate Miss X’s complaint that the Council failed to secure a package of Alternative Provision for her child because the claimed injustice is not significant enough.

The complaint

1. Miss X complains the Council failed to provide funding for her child, Y’s, Alternative Provision (AP) following a tribunal order.
2. Miss X said the matter caused her uncertainty and frustration.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

6. We will not investigate this complaint. Miss X asked the Council to continue the AP provision which was in place. The Council informed Miss X it would fund the provision, but the responsibility for doing so would transition from it to the school from January 2026.
7. The school secured the AP package for Y. Y continued to receive the AP package without disruption. Y was therefore not caused a significant injustice. Consequently, we will not investigate because any remaining injustice is not significant enough to warrant our involvement.

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Final decision

8. We will not investigate Miss X’s complaint because the claimed injustice is not significant enough to warrant our involvement.

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Investigator's decision on behalf of the Ombudsman