Summary: The Ombudsman will not investigate this complaint about a school attendance order served by the Council regarding the complainant’s child. This is because we may decide not to investigate a complaint if we believe the problem has been resolved.

The complaint

1. The complainant, who I shall call Mrs Y, complains about a school attendance order for her child served by the Council. She had provided full details of the educational provision being made and wanted the Council to revoke the order.

Back to top

The Ombudsman’s role and powers

2. 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 or continue with an investigation if we believe the problem has been resolved. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

3. I read what Mrs Y had told us about her complaint and the information provided by the Council. I also sent Mrs Y a copy of this decision for her comments.

Back to top

What I found

School attendance order

4. If a council is not satisfied that parents are providing a suitable education to a child of compulsory school age, and it is appropriate for the child to attend school, it can serve a school attendance order under the Education Act 1996.
5. A parent can be prosecuted for failure to comply with a school attendance order.

What happened

6. Mrs Y educates her child at home. The Council asked her for evidence of the provision she was making for her child’s education. Mrs Y has told us she provided this evidence to the Council.
7. The Council served Mrs Y with a school attendance order. Mrs X said this should be revoked.
8. After Mrs Y made her complaint to us, the Council told us the issues about the provision of education had been resolved and action regarding compliance with the school attendance order had been stopped.

Assessment

9. The Council has told us that it has stopped the action following the satisfactory resolution of the issues about the educational provision for Mrs Y’s child. I believe the problem has now been resolved.

Back to top

Final decision

10. I will not investigate this complaint because the problem has now been resolved.

Back to top

Investigator's decision on behalf of the Ombudsman