Gloucestershire County Council (19 010 001)

Category : Education > Other

Decision : Closed after initial enquiries

Decision date : 25 Nov 2019

The Ombudsman's final decision:

Summary: The Ombudsman will not investigate this complaint about checks the Council made to make sure the complainants’ daughter is receiving a suitable education. This is because there is insufficient evidence of fault by the Council.

The complaint

  1. The complainant, whom I refer to as Mr & Mrs X, say the Council harassed them in relation to their daughter’s education and during an unannounced visit. They say the Council’s actions are racially motivated. They want compensation of at least £1000.

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The Ombudsman’s role and powers

  1. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

  1. I read the complaint and the Council’s responses. I considered the government guidance to councils on home education. I checked with the Council that it received an anonymous referral and I considered comments Mr & Mrs X made in reply to a draft of this decision.

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What I found

Government guidance

  1. Parents have the right to educate their children at home but must provide a suitable education. The law requires councils to find out whether a child is getting a suitable education. The guidance says councils should offer support and guidance to parents. It also says that councils have a “moral and social obligation to ensure a child is safe and being suitably educated.”

What happened

  1. Mr & Mrs X educate their child at home.
  2. The Council received an anonymous report which stated that the family is isolated and the children have a minimal chance to socialise. Two officers visited, unannounced, on 18 June. Mr & Mrs X say the officers peered through the window before knocking on the door. They say the officers were rude and manipulative and that the visit represents racially motivated harassment. Mr & Mrs X did not let the officers into their home, have a discussion or agree to make an appointment.
  3. On 19 June the Council wrote to Mr & Mrs X to say the records showed their daughter was not registered at a school. The letter recognised that the family may have made their own arrangements but that an officer would visit on 28 June to confirm the child is receiving an appropriate education.
  4. Mr X emailed to say his child was receives a suitable education. He said a visit was not needed. He complained about the visit on 18 June which he described as appalling and rude. In response the Council cancelled the visit but asked Mr & Mrs X to confirm how their child is being educated.
  5. On 3 July the Council wrote to Mr & Mrs X to say that it understood they were home educating their child. The letter stressed they had the right to do this but also said the Council has a duty to make sure every child receives a suitable education. The Council offered help and support.
  6. In response to his complaint the Council said that, having received the referral, it decided to send two officers to visit who were in the area. It said it wanted to alert the family to the referral and to offer any support that may be needed. It confirmed that no substantive conversation took place and it said it would make an appointment for any future visits. It said that an officer had looked through the window because, as they were leaving, they saw a child at the window. The Council apologised for any distress caused. It denied discrimination and said it would have responded in the same way for any family. It declined to pay compensation.

Assessment

  1. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council has a duty to check that every child is receiving a suitable education. It received an anonymous referral and was aware Mr & Mrs X’s child is not registered at a school. The visit, and letters, were all part of the Council’s legal duty to check the complainant’s child is receiving a suitable education. The visit was unannounced but Mr & Mrs X had the chance to engage, or not to engage, and they were given the opportunity to book a more suitable time. The Council has confirmed it will not make any more unannounced visits.
  2. There is a discrepancy about what happened during the visit but, as I did not witness the visit, I cannot resolve this. I have no reason to disbelieve what the complainants say but, equally, there is no reason to doubt the Council’s submission that it wanted to offer support. I understand why Mr & Mrs X feel aggrieved by someone peering through the window but this, as the only possible fault, does not need an investigation or compensation.
  3. Mr & Mrs X say the Council is motivated by racism. I have not seen anything to support this and Mr & Mrs X have not made any specific allegations of racism. For example, they have not alleged that anyone used racially inappropriate language or provided evidence that a family of a different racial background, in the same situation, was not visited or written to by the Council. As I have said, the Council has a duty to make sure that every child, regardless of their background, is receiving a suitable education.

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Final decision

  1. I will not start an investigation because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman

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