Summary: We will not investigate this complaint about the Council’s decision to prosecute Miss Y for her son’s school attendance. The law says we cannot investigate a complaint about the start of court action, the complaint is late, and there is not enough evidence of fault.

The complaint

1. Miss Y complains the Council:

• Wrongly prosecuted her for her son’s school attendance in 2022;
• acted unprofessionally in a conversation immediately after the trial;
• failed to acknowledge her son’s needs and made unreasonable requests of her when she was educating her son at home.

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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))
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
5. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The Education Act 1996 places a duty on parents to ensure their children of compulsory school age receive a suitable full-time education. Failure to meet this duty is an offence. Councils have the power to prosecute parents who fail to ensure their child’s regular attendance at school.
9. The Council took court action against Miss Y in 2022 because her son had low school attendance. Miss Y complains the decision to prosecute was wrong because her son has special educational needs and disabilities (SEND). Miss Y also complains about a conversation with a Council Officer immediately after the trial.
10. I will not investigate the Council’s decision to prosecute Miss Y because the law says I cannot investigate a complaint about the start of court action.
11. I will not investigate the conversation after the trial because it happened more than 12 months ago and there is no good reason why Miss Y did not complain sooner.
12. Miss Y chose to educate her son at home after the trial. Councils do not regulate home education. However, the law requires councils to enquire about what education is being provided when a child is not attending school full-time.
13. I will not investigate this part of Miss Y’s complaint because there is not enough evidence of fault in how the Council made its decisions to make enquiries about her son’s home education.

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Final decision

14. We will not investigate Miss Y’s complaint because the law says I cannot investigate a complaint about the start of court action, the complaint is late and there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman