Summary: We will not investigate this complaint that the Council failed to make alternative educational provision for the complainant’s child while she was unable to attend school. There is insufficient evidence of fault on the Council’s part to warrant our intervention.

The complaint

1. The complainant, Miss X, complains that the Council failed to make alternative educational provision for her child while she was unable to 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. Miss X says her daughter stopped attending school in September 2025 and was unable to return. She says the reasons for her daughter’s absence were supported by medical evidence.
6. Miss X complains that the Council failed to make alternative educational provision for her daughter, which it was required to do under Section 19 of the Education Act 1996. She argues that the Council applied its own procedures rather than the law.
7. The Ombudsman will not investigate Miss X’s complaint because there is insufficient evidence of fault on the Council’s part. Miss X is correct to say that the Section 19 duty is non-delegable and is for the Council to discharge. However, it is for the Council to decide whether the duty is engaged. In making this decision, officers are entitled to take account of all relevant circumstances and use their professional judgement. In this case, the Council’s decision that its Section 19 duty is not engaged is proportionate and defensible.
8. Miss X disagrees with the Council’s conclusion. But that does not mean it amounts to fault. Where a decision has been made in the right way, it is not for the Ombudsman to question that decision or intervene to substitute an alternative view. That is the case here.

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Final decision

9. We will not investigate Miss X’s complaint because there is insufficient evidence of fault on the Council’s part.

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Investigator's decision on behalf of the Ombudsman