Summary: We will not investigate this complaint about alternative provision because there is not enough evidence of fault to justify an investigation.

The complaint

1. Ms X complained the Council had not made suitable alternative arrangements for her son’s education.

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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 we 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)

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How I considered this complaint

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

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My assessment

5. I have carefully considered everything Ms X said, although I have not included every detail here. I have included as few details as possible to protect the anonymity of Ms X and her son.
6. Ms X’s son has an education, health and care (EHC) plan maintained by the Council. He was a pupil at a special school. His attendance in the autumn term of 2025 was sporadic. Ms X complained to the Council on 24 November 2025. She said he was unable to attend because of anxiety and emotionally based school avoidance. She wanted the Council to arrange home tuition.
7. The Council responded to Ms X’s complaint at all three stages of its complaints process. The Council said the school had confirmed it could meet Ms X’s son’s needs and had prepared a re-integration plan. As there was no professional evidence to support his absence, the Council expected him to return to school.
8. There was an annual review of Ms X’s son’s EHC plan in December 2025. Ms X also arranged an appointment with a GP shortly before Christmas and submitted evidence to the Council.
9. Unhappy with the Council’s final response to her complaint in January 2026, Ms X complained to us. She said her son was still out of school and his EHC plan was out of date.
10. We only consider complaints about matters the Council has had an opportunity to investigate and respond to. The Council contacted the school and satisfied itself the school could meet Ms X’s son’s needs. The school had a reintegration plan in place, so the Council decided he did not need alternative provision. We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify an investigation.
11. At the time of Ms X’s complaint to us, an annual review of her son’s EHC plan was underway. This was an opportunity for her to request changes to the Plan, including home tution, and for the Council to consider additional evidence. Ms X had a right of appeal to the SEND Tribunal if the Council did not agree to make the changes she wanted. We would not investigate a complaint about matters where a parent had a right of appeal.

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Final decision

12. We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman