Cornwall Council (25 023 279)
Category : Education > Alternative provision
Decision : Closed after initial enquiries
Decision date : 05 Jul 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about alternative provision. This is because there’s insufficient evidence of fault to justify investigating.
The complaint
- Mrs X complains the Council has failed to fund tutoring for her child under its section 19 duty.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by Mrs X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X says her child cannot attend school due to unmet needs. She says he receives some support, but the Council refused to fund the tutor she identified because they were not on its approved list.
- The Council considered her complaint. It said it could not fund the tutor because they were not on its approved list. It explained tutors must complete its approval process, including safeguarding checks, before they can join the list. The Council offered alternative tutoring arrangements. It also offered the opportunity for Mrs X’s preferred tutor to complete its approval process so they could join its approved list.
- We will not investigate Mrs X’s complaint. I understand Mrs X is frustrated with the Council’s decision. However, the Council offered alternative tutoring arrangements. It also offered to register her tutor as a preferred provider. I have seen no evidence of fault in the way it made its decision.
Final decision
- We will not investigate Mrs X’s complaint because there is insufficient evidence of fault to justify investigating.
Investigator's decision on behalf of the Ombudsman