Summary: We have upheld Mrs X’s complaint because the Council’s financial remedy for her child’s missed education was not sufficient. The Council has now agreed to resolve the complaint by proving a proportionate remedy for the injustice it caused.

The complaint

1. Mrs X complains that the financial remedy offered by the Council in recognition of her child Z’s missed education was insufficient.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
3. 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

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council were aware of Z’s school attendance issues from December 2023. However, a referral was made to an engagement centre and there is insufficient of fault with its decision to wait for the outcome of the referral before deciding if further action was necessary.
7. The Council did however accept that it should have kept the case under review, to ensure an appropriate offer of education provision was in place. Therefore, there were missed opportunities for the Council to have considered alternative options sooner. On balance, the Council should have arranged alternative provision from the end of February / early March until the end of the school year (a term and a half)
8. The Council apologised and made a remedy offer which included a payment of £1350 (£900 per term) to recognise the impact of Z’s missed education. However, considering Z received no education, had an Education Health and Care (EHC) Plan in place and because he was in an important period of their school year, I am satisfied that a higher remedy payment would be appropriate.
9. I therefore asked the Council to increase its remedy payment for missed education provision to £3000 (£2000 per term). To its credit the Council agreed and will make the increased payment within one month of the date of our final decision.
10. The Council offered further payments to remedy distress caused by these matters as well as distress caused by delays in amending Z’s EHC Plan following a review. It also offered a payment for the time and trouble Mrs X had been too pursuing her complaint. I am satisfied these payments were appropriate.

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Final decision

11. We have upheld Mrs X’s complaint. The Council has agreed to resolve the complaint early by providing an appropriate remedy.

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Investigator's decision on behalf of the Ombudsman