Summary: We will not investigate Miss X’s complaint about how the Council made enquiries about her child’s home education. There is not enough evidence of fault to justify investigating.

The complaint

1. Miss X complained the Council sent her threatening letters about her son, Y’s educational status and made unfounded accusations that Y was not receiving a suitable education. Miss X said this has caused her anxiety and distress. She would like the Council to stop contacting her and recognise it is not a legal requirement to inform the Council how Y is educated.

Back to top

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, or
• we could not add to any previous investigation by the organisation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Miss X complained to the Council in 2024, and again in 2025 about how it contacted her about her child, Y’s Elective home education. She said that Council staff had harassed her about Y’s education. Miss X contacted the Ombudsman in 2024 about her complaint.
6. Parents have a right to educate their children at home (Section 7, Education Act 1996). This can include the use of tutors or parental support groups. In choosing to educate a child at home, the parents take on financial responsibility for any costs involved, including examination costs.
7. 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.
8. In its complaint response, the Council said it had a statutory duty to find out that Y received a suitable education. It said it offered parents a number of ways to show the educational provision they provided. It said Miss X had not provided any evidence to satisfy them that Y was receiving an education which was suitable for their age, aptitude or ability.
9. The Council said it had reviewed its correspondence with Miss X and did not agree that it could be regarded as harassment. The Council’s Elective home education policy included periodic monitoring, so some contact with Miss X was expected.
10. We will not investigate this complaint because there is not enough evidence of fault to justify investigating. The Council made enquiries about the type of education Miss X’s child received, this is in line with its statutory duty.
11. In its final complaint response, the Council told Miss X that it had made some recommendations for communications with elective home education families, to help reduce future complaints. We will not investigate this complaint because we could not add to any previous investigation by the Council.

Back to top

Final decision

12. We will not investigate Miss X’s complaint because there is not enough evidence of fault to justify investigating.

Back to top

Investigator's decision on behalf of the Ombudsman