Summary: Ms X complained the Council failed to make appropriate provision for her son, Y to attend clubs as part of the Holidays Activities and Food programme. We have completed our investigation as we have found no evidence of fault by the Council in these matters.

The complaint

1. Ms X complains the Council failed to make appropriate provision to enable her son, Y to take part in the Holiday Activities and Food (HAF) programme in summer 2024. As a result, he missed out on provision to which he was entitled causing distress and financial cost.

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The Ombudsman’s role and powers

2. 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 how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. 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)

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How I considered this complaint

4. As part of the investigation, I have:
• considered the complaint and the documents provided by Ms X and spoken to her about the complaint.
• made enquiries of the Council and considered the comments and documents the Council provided; and
5. Ms X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

The Holidays Activities and Food programme

6. The Holiday Activities and Food (HAF) programme is funded by the Department for Education and co-ordinated by councils. It provides free meals and activities for children who are eligible for benefits related free school meals during the school holidays. To implement the programme Councils are asked to ensure that the offer of free holiday club provision was available to those children.
7. It has been recognised school holidays create pressure points for some families because of increased costs such as food and childcare. Free holiday clubs are a response to this issue, and they can have a positive impact on children and young people. The Council received funding in 2023 for the HAF programme. As part of the offer holiday club places were available for the equivalent of at least 4 hours a day, four days a week, six weeks year.
8. The Council comments between March 2023 and December 2024 a total of around 4500 unique children attended over 18,600 HAF sessions in its area.

What happened in this case

9. What follows is a summary of key events. It does not contain all the information I reviewed during my investigation.
10. Y attends primary school and been diagnosed with Autism and ADHD. Y has an Education Health and Care Plan and receives 1 to 1 support when attending school. The Council’s Short Breaks team provides support to Y, and he attended HAF clubs in December 2023 and April 2024 as Short Breaks funded 1 to 1 support for him while he was there.
11. Ms X wished Y to attend further HAF clubs in 2024. The Short Breaks team advised it could no longer fund Y’s 1 to 1 support to attend the clubs as it had been done on a discretionary basis.
12. In June 2024 Ms X asked the HAF team if it could provide funding for 1 to 1 support Y to attend a ‘Tech club’ he wished to go to during the school summer holiday. The HAF team responded it could not provide funding as the HAF national scheme does not include funding for individual support. The team suggested an alternative club for Y to attend which provided support for children with SEND needs. Ms X advised Y would not be interested in the alternative and only wanted to go to the ‘Tech Club’.
13. The Council advised Ms X she could apply to a charity for a grant to fund the 1 to 1 support Y needed to attend the HAF clubs. Ms X declined as she did not want to provide financial information to the charity, a requirement of applying.
14. Ms X complained to the Council in July 2024. Ms X’s complaints included her disagreement and dissatisfaction with the 1 to 1 support available for Y to access the HAF clubs. Ms X considered the Council should fund and provide the support Y needed. Ms X also complained there was not enough time to book onto the HAF clubs and did not feel there was fair access to clubs based on children’s individual needs.
15. The Council responded to the complaints and explained:
• It had previously provided 1 to 1 support for Y through Short Breaks, but this was a discretionary offer and no longer available.
• The framework for accessing short breaks and the HAF programme were separate and funded separately. The arrangement for HAF programme was organised between the HAF coordinator and service providers. The Department for Education allocate the funds required and framework to provide the service, however the allocation cannot be spent on funding for 1-1 support.
• The HAF coordinator had tried to accommodate Y and gone back to the provider to see what could be offered which the family declined. But the coordinator remained unable to use HAF funding for 1 to 1 support. The Council said it could only offer commissioned clubs to all children.
• It disagreed Ms X failed to have enough time to book onto a club. It said Ms X contacted the HAF coordinator on 24 June 2024 who responded the same day that HAF was unable to fund the support and offered an alternative. The activity Ms X requested in June 2024 still had spaces and had places in July 2024. The Council said it was unfortunate it could not offer Y funding for 1-1 support through HAF funding. But the ‘Tech camp’ agreed to allow Ms X or a family member to attend with Y, but the family had declined the option.
• It offered three providers who provided Special Educational Need (SEND) specific HAF camps and had six providers who could accommodate SEND needs during summer 2024.
• It had offered Y alternatives to the ‘Tech camp’ and suggested Ms X apply for funding support from a charity. But Ms X had declined the option.
• It noted Ms X’s concerns about the SEND element of the HAF clubs and if the Government extended the HAF funding beyond March 2025 it would review the SEND element if appropriate and look at accessing more SEND providers.

My assessment

16. The documents provided show the Council has offer the HAF clubs to eligible children in line with Government guidance as it has offered classes to all. Unfortunately, the HAF funding received does not cover funding for 1 to 1 support. So, there is no fault by the Council when advising it will not fund 1 to 1 support for Y to attend the clubs from the HAF funding it receives.
17. It is unfortunate that the clubs do not align with Y’s preferences, but I cannot say that is fault by the Council. However, the Council has included specific SEND clubs and some providers who can accommodate children with SEND needs within the HAF funding. The Council documents show it has suggested alternative clubs for Y to attend and offered options to help Ms X fund the 1 to 1 support which is reasonable action for it to take. It is unfortunate Ms X, and the family did not wish to take up the options offered by the Council which may have enabled Y to attend the HAF clubs.
18. The Council has advised that if the HAF scheme continues into 2025 it will look at the SEND element if necessary and expand the SEND providers.

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Decision

19. I find no evidence of fault by the Council in failing to make appropriate provision for Y to attend the HAF clubs.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman