Summary: Miss X complained the Council put her child in an inappropriate school, failed to provide alternative provision when they were out of school, and failed to support her child. Miss X said the missed education impacted her child and their wellbeing. Miss X said it had a financial impact and caused her unnecessary distress. We find the Council at fault and this caused injustice. The Council has agreed to make the payment it has already offered Miss X to remedy the injustice.

The complaint

1. Miss X complained the Council failed to make an appropriate school place available for her child, and failed to make alternative educational provision while they were out of school. She also complained about a lack of transition planning and support.
2. Miss X said her child has suffered from the impact of the missed education, and there has been an impact on their wellbeing. Miss X said it caused her unnecessary distress and impacted her mental health. She said there was also a financial impact of having her child at home every day.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. 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)
5. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
6. We cannot investigate complaints about what happens in schools unless it relates to special educational needs, when the schools are acting on behalf of the council to secure educational provision as set out in the child’s education, health and care plan.
7. Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).

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What I have and have not investigated

8. Miss X complained the Council failed to make an appropriate school place available for her child, B. She said this was about the mainstream secondary school B was meant to start at. This was before B got an education, health and care (EHC) plan.
9. Miss X also complained about a lack of transition planning and support. She said there was a general lack of support while B was in primary education. This was also before B got an EHC plan.
10. We cannot comment on the suitability of a mainstream school allocated before an EHC plan is issued. We also cannot comment on general support for a child while they are in primary education before an EHC plan is issued. This is because it is outside our jurisdiction (see paragraph six).
11. For this reason, I have not investigated these parts of Miss X’s complaint. However, I have investigated the part of her complaint about alternative educational provision while B was out of school.

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How I considered this complaint

12. I considered the information and documents provided by Miss X and the Council. I spoke to Miss X about her complaint. Miss X and the Council had an opportunity to comment on an earlier draft of this statement. I considered all comments and further information received before I reached a final decision.
13. I considered the relevant legislation and statutory guidance, set out below. I also considered the Ombudsman’s published guidance on remedies.

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What I found

What should have happened

14. Councils must arrange suitable education at school or elsewhere for pupils who are out of school because of exclusion, illness or for other reasons, if they would not receive suitable education without such arrangements. (Education Act 1996, section 19). We refer to this as section 19 or alternative education provision.
15. When a child has an education, health and care (EHC) plan, different duties apply.

What happened

16. In September 2023, Miss X’s child, B, was meant to start at a mainstream secondary school. B did not attend the school. In December, Miss X complained. Also in December, the Council issued B’s first education, health and care (EHC) plan. This named a different school for B to start attending in January.
17. In its complaint responses, the Council accepted that the school’s offer of alternative provision had not worked. It accepted the school did not provide any support for B when they were unable to attend.
18. The Council said the school did not notify it that B was not attending. The Council apologised that this did not happen. The Council apologised for the impact this had on B and Miss X.
19. The Council offered Miss X £2000 to remedy B’s missed education for the missed term and the distress caused. Miss X did not accept this offer.

Analysis

20. Miss X complained the Council failed to make alternative educational provision for her child, B, while they were out of school. B did not attend school for the autumn term.
21. In its response to our enquiries, the Council accepted that a referral was not made to its Education Inclusion Team in September, when B was not attending school, as it should have been. The Council recognised that it should have had oversight of B’s non-attendance. This is fault. I find this fault caused B injustice because they missed a term of education. It also caused Miss X injustice in that it caused unnecessary and avoidable distress. The Council has apologised for the injustice caused.
22. The Council said it has changed its processes so it has better oversight of children’s non-attendance at school. This is positive.
23. In December, the Council issued B’s first education, health and care (EHC) plan. At this time, the Council’s duty to provide education changed. I have considered how the Council has provided B an education since it issued B’s EHC plan.
24. I am satisfied that since the EHC plan was issued, the Council has put in place appropriate provision to support B’s phased transition to the new educational setting named in the EHC plan. For this reason, I do not find fault.

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Agreed action

25. The Council offered Miss X £2000 to remedy the missed education and distress caused to B and Miss X. The Council said when arriving at this figure, it considered the Ombudsman’s published guidance on remedies. This is appropriate and is evidence of good practice.
26. I have also considered our guidance on remedies. This sets out a range of £800 to £2000 per term of missed educational provision. I find the Council’s proposed remedy of £2000 is appropriate and proportionate given that B was not provided with any education for a term. I therefore recommended, and the Council agreed to, the following:
27. Within four weeks of this decision, the Council has agreed to make its suggested payment of £2000 to Miss X.
28. The Council should provide us with evidence it has complied with the above action.

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Final decision

29. I have completed my investigation. I uphold one part of Miss X’s complaint. This is because there is fault causing injustice. The Council has agreed to make a payment to Miss X to remedy the injustice caused.
30. We cannot investigate two parts of Miss X’s complaint. This is because they are outside the Ombudsman’s jurisdiction.

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Investigator's decision on behalf of the Ombudsman