Suffolk County Council (22 002 308)

Category : Education > Special educational needs

Decision : Upheld

Decision date : 28 Sep 2022

The Ombudsman's final decision:

Summary: The Council failed to provide alternative education for a child out of education after permanent exclusion. The Council apologised and proposed a remedy, which Miss X accepted before the complaint was investigated by the Ombudsman. The remedy is in line with our guidelines so the complaint was closed as the Council has already remedied the complaint.

The complaint

  1. The complainant, who I shall call Miss X, complains the Council delayed offering alternative education for her son after his permanent exclusion. Miss X says that this was stressful and she had to buy educational resources to support her son.

Back to top

The Ombudsman’s role and powers

  1. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
  2. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

Back to top

How I considered this complaint

  1. I read the papers put in by Miss X and discussed the complaint with her.
  2. I considered the Council’s letter to Miss X with its offer to remedy to her complaint, which she accepted.

Back to top

What I found

  1. The Council responded to Miss X’s complaint while waiting for the Ombudsman to allocate her complaint. The Council apologised for the lack of educational provision and offered Miss X £1500 (£600 per month) for the period when her son was out of education and £250 towards her time and trouble in pursuing the complaint.
  2. This remedy is in line with the Ombudsman’s guidelines and Miss X has accepted the remedy. Miss X’s son is now in an educational placement.

Back to top

Final decision

  1. I have completed my investigation of this complaint. This complaint is upheld and Miss X has confirmed that she accepts the remedy is satisfactory.

Back to top

Investigator's decision on behalf of the Ombudsman

Print this page

LGO logogram

Review your privacy settings

Required cookies

These cookies enable the website to function properly. You can only disable these by changing your browser preferences, but this will affect how the website performs.

View required cookies

Analytical cookies

Google Analytics cookies help us improve the performance of the website by understanding how visitors use the site.
We recommend you set these 'ON'.

View analytical cookies

In using Google Analytics, we do not collect or store personal information that could identify you (for example your name or address). We do not allow Google to use or share our analytics data. Google has developed a tool to help you opt out of Google Analytics cookies.

Privacy settings