Summary: We could not add to the findings of an independent investigator who was extremely critical of the Council’s dealings with Mr F and his children. Mr F is concerned about the children’s education now their mother has removed them from school. We cannot investigate this complaint because the Council has not had an opportunity to respond.

The complaint

1. Mr F is concerned about his children’s education.
2. Mr F and the children’s mother are divorced. The children live with their mother. She has withdrawn the children from school and chosen elective home education.

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The Ombudsman’s role and powers

3. 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’.
4. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. (Local Government Act 1974, section 26(5))
5. We do not start or continue an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• we cannot achieve the outcome someone wants.

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

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How I considered this complaint

6. I considered information provided by Mr F.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The Council has been involved for some time.
9. Mr F complained to the Council on 5 February 2024. The Council responded at all three stages of the statutory children’s complaints process. This is a formal procedure, set out in law, which councils must follow to investigate certain types of complaint. It involves:
• a written response from the Council (Stage 1);
• the appointment of an independent investigator to prepare a report (Stage 2); and, if the person making the complaint requests
• an independent panel to consider their representations (Stage 3).
10. The independent investigator’s report was extremely critical of the Council.
11. I shall not repeat the details here to preserve Mr F’s anonymity. However, the investigator found an assessment by children’s services was of poor quality and inaccurate. It contained incorrect information which the Council had failed to check. I would describe the assessment as ‘biased’. While the Council’s Attendance and Welfare Support Service did a good job, the independent investigator found other parts of the Council’s education department, and particularly its special educational needs service, failed to comply with legislation and statutory government guidance.
12. Perhaps the most damning observation made by the independent investigator was that despite extensive involvement by the Council over many years, the Council’s records contained “only glimpses” of the children’s lived experience. The Council has had very little direct contact with the children. This remains a concern.
13. The independent investigator’s report is detailed and balanced. I understand the Council accepted her findings and recommendations. There is nothing I could add to her investigation. That is not the real reason Mr F complained to us.
14. The children’s mother has now removed the children from school and chosen elective home education. Mr F believes they should be in school. He wants the Council to take action.
15. The Council has a range of duties and powers in relation to children who do not attend school, including those who are electively home educated. The Council has a duty to take action if the children are not receiving suitable education. The Council also has safeguarding duties. These are set out in legislation and government guidance.
16. Mr F has not complained to the Council about these matters. The children’s mother withdrew them from school after his complaint to the Council in February 2024. We cannot investigate Mr F’s concerns because the Council has not had an opportunity to investigate and respond first. Mr F should complain directly to the Council. It is likely the Council will respond using its corporate complaints process. This should be quicker than the statutory children’s complaints process. If Mr F is not satisfied with the Council’s response, he can complain to us again.

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Final decision

17. We could not add to the findings of the independent investigator who was extremely critical of the Council’s dealings with Mr F and his children. Mr F is concerned about the children’s education now their mother has removed them from school. We cannot investigate this complaint because the Council has not had an opportunity to respond.

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Investigator's decision on behalf of the Ombudsman