Summary: We will not investigate this complaint about the Council’s action regarding Mrs X’s child’s school attendance. This is because further investigation would not lead to a different outcome or achieve anything more for Mrs X.

The complaint

1. Mrs X complains the Council escalated attendance enforcement to prosecution over her child’s school attendance. She says this caused emotional strain and loss of time and trouble pursuing the matter.

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:

• further investigation would not lead to a different outcome, or
• there is no worthwhile outcome achievable by our investigation.

(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 Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Mrs X says the Council failed to properly consider medical and SEN (Special Educational Needs) evidence she submitted about her child’s needs. She also says the Council failed to follow statutory guidance about SEND and Emotionally Based School Avoidance (EBSA) and its duties around authorised absence, discretion and alternative provision.
6. Although Mrs X disagrees with the Council’s decision to take action against her for the non-attendance, the prosecution has been rescinded. Our involvement would not lead to a different outcome or achieve anything more.
7. Mrs X is also unhappy with the way the Council dealt with her complaint. It is not a good use of public resources to look at the Council’s complaints handling if we are not going to look at the substantive issue complained about. We will not therefore investigate this issue separately

Back to top

Final decision

8. We will not investigate Mrs X’’s complaint because our involvement would not lead to a different outcome or achieve anything more for Mrs X.

Back to top

Investigator's decision on behalf of the Ombudsman