Summary: We find service failure for the Council’s delay finding Miss X’s child a new specialist placement. This caused Miss X distress. We are satisfied with the Council’s apology and offer of a payment to remedy this distress. We do not find fault with the child’s special educational provision while the Council found a new placement.

The complaint

1. Miss X complained the Council failed to provide her child with an education or special educational provision in line with their education, health and care plan.
2. Miss X said it had a significant impact on her and the wider family. She said it caused unnecessary and avoidable distress, and impacted her mental health.

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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. Service failure can happen when an organisation fails to provide a service as it should have done because of circumstances outside its control. We do not need to show any blame, intent, flawed policy or process, or bad faith by an organisation to say service failure (fault) has occurred. (Local Government Act 1974, sections 26(1), as amended)
5. If there was no fault in how an organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
6. 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(1), as amended)
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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How I considered this complaint

8. 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 received before I reached a final decision.
9. 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

10. A child or young person with special educational needs may have an education, health and care (EHC) plan. This plan sets out the child’s needs and what arrangements should be made to meet them.

What happened

11. Miss X’s child, B, has complex needs and an education, health and care (EHC) plan.
12. B attended a special school. In December 2023, the school said it could not meet B’s needs anymore. There was a review of B’s EHC plan. At the review, the Council agreed to look for a different specialist placement.
13. While the Council looked for a specialist placement, B got some provision at their school and some social care provision.
14. In November 2024, Miss X complained to the Council.
15. The Council said it had been looking for a specialist placement since December 2023, and had consulted 35 placements. It said so far, no placement had said it could meet B’s needs. The Council said it had been meeting with the school every week to discuss and monitor B’s provision.
16. The Council apologised for the distress caused by how long it was taking to find B a suitable placement. It offered Miss X £300.
17. In June 2025, B started at a new specialist placement.

Analysis

18. Miss X complained that between December 2023 (when the school said it could no longer meet B’s needs) to June 2025 (when B started at a new placement), B did not get any educational provision or specialist provision as set out in their education, health and care plan.
19. The Council said it recognised in December 2023 that the school was not suitable for B. The Council worked with the school and other agencies to provide some provision for B while it found a suitable placement. This package included swimming and physical education at school, alongside social care provision.
20. The Council said it had multi-agency meetings every week with the school, B’s social worker, and other agencies to discuss and monitor B’s provision. The Council said these agencies agreed that B needed a high-level of provision. The Council said this meant the interim provision that was being provided was “not ideal” but was the best that was available under the circumstances.
21. The Council accepts it took longer than expected to find and secure a suitable placement for B. It said this was because of B’s complex needs and because so many placements said they could not meet those needs.
22. I find the Council made significant efforts to find a suitable placement for B. While this was going on, the Council worked with the school and other agencies to provide the best package it could for B. I do not find the Council delayed finding a new placement for B, or let this drift.
23. I find the Council satisfied itself that the interim provision was the best that could be achieved while it found a suitable placement. I find no fault in how the Council made this decision. Therefore, I cannot challenge the outcome of this decision. So, while I accept the interim provision was not the best possible situation for B, I do not find the Council at fault for a lack of provision.
24. However, it is clear that despite the Council’s best efforts, there was a delay in securing a suitable placement for B. This is service failure. As I have said above, service failure is when a council fails to provide a service as it should have done because of circumstances outside its control.
25. I find this service failure caused Miss X injustice because it caused her distress.
26. The Council apologised for the distress and offered Miss X £300. It made this offer taking into account the Ombudsman’s published guidance on remedies. This is appropriate. I have also considered our guidance on remedies. I agree that the Council’s offer is in line with our guidance.
27. I find the Council’s apology and offer are a suitable, appropriate and proportionate remedy for the level of injustice caused by the service failure. For this reason, I have not proposed any further remedy.
28. Miss X has not accepted the Council’s offer of £300. The Council should keep this offer open to Miss X. It is for Miss X to accept this offer if she wishes.

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Decision

29. I find service failure causing injustice. I am satisfied the Council has taken actions to remedy injustice.

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Investigator's decision on behalf of the Ombudsman