Summary: The Council was at fault for its poor communications. But it was not at fault for how it handled Ms X’s child’s education. We are satisfied the Council has apologised for the injustice caused.

The complaint

1. Ms X complained about the way the Council handled her child’s education. Specifically, she complained the Council:
1. failed to provide her child with an education or special educational provision;
2. ignored her reports that the placement was not following the education, health and care plan;
3. communicated poorly with her; and,
4. failed to respond to her complaint.
2. Ms X said her child missed two years of education – on top of previous years of missed education - and this affected their wellbeing. Ms X said it caused her unnecessary and avoidable distress and frustration, and impacted her physical 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. 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)
5. Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).
6. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
7. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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What I have and have not investigated

8. Ms X complained to the Ombudsman in January 2025 about her child’s educational provision from 2023 onwards.
9. As I have said above, we cannot consider late complaints unless there are good reasons. I have considered Ms X’s reasons for not bringing her complaint to us earlier. I do not find good reasons to exercise our discretion and look back further than 12 months before Ms X complained to us.
10. For this reason, I have investigated the Council’s actions from January 2024 to January 2025.

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How I considered this complaint

11. I considered the information and documents provided by Ms X and the Council. I spoke to Ms X about her complaint. Ms 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.
12. I considered the relevant legislation, statutory guidance, and policies, set out below. I also considered the Ombudsman’s published guidance on remedies.

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What I found

What should have happened

Education

13. 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.
14. The council has a duty to make sure the child or young person receives the special educational provision set out in their EHC plan (Section 42 Children and Families Act). The Courts have said the duty to arrange this provision is owed personally to the child and is non-delegable. This means if the council asks another organisation to make the provision and that organisation fails to do so, the council remains liable (R v London Borough of Harrow ex parte M [1997] ELR 62), (R v North Tyneside Borough Council [2010] EWCA Civ 135)  
15. We accept it is not practical for councils to keep a ‘watching brief’ on whether schools and others are providing all the special educational provision in section F of every pupil’s EHC plan. We consider councils should be able to demonstrate appropriate oversight in gathering information to fulfil their legal duty. At a minimum we expect them to have systems in place to: 

• check the special educational provision is in place when a new or amended EHC plan is issued or there is a change in educational placement; 
• check the provision at least annually during the EHC review process; and,
• quickly investigate and act on complaints or concerns raised that the provision is not in place at any time. 

Complaints

16. The Council’s complaints procedure says:

“A complaint is an expression of dissatisfaction, however made, about the standard of service, actions or lack of action by the organisation, its own staff, or those acting on its behalf, affecting an individual or groups of individuals. The response may be to put things right straightaway, or to investigate the matter further and find out what went wrong.”

17. It says a service request is:

“a request that the organisation provides or improves a service, fixes a problem or reconsiders a decision.”

18. It says:

“If it is not possible to resolve your concerns, the complaint will be investigated through the relevant formal procedure.”

What happened

19. Ms X’s child, B, has an education, health and care (EHC) plan. B attended an educational placement named in their EHC plan.
20. In September 2024, Ms X complained that B had not had an adequate education at the placement. She said the placement was not providing B’s EHC plan provision.
21. The Council visited Ms X twice (in September and October) and discussed her concerns about the placement. The Council agreed to look for another placement.
22. In January 2025, B started at the new placement. Ms X complained to the Ombudsman. The Ombudsman asked the Council to progress Ms X’s complaint through its complaints procedure.
23. In its complaint responses, the Council apologised for the delay in responding to Ms X’s requests for information. It accepted this caused Ms X unnecessary stress. It said at the review of B’s EHC plan in April 2024, no concerns were raised about the placement or a lack of education.
24. The Council apologised if Ms X felt her request to make a formal complaint was not actioned. It said there appeared to have been some confusion over whether Ms X wanted to make a formal complaint. It said it believed Ms X had wanted to speak to managers.

Analysis

Education

25. Ms X complained the Council failed to provide her child with an education or special educational provision (part a of the complaint).
26. As I have said above, we expect councils to quickly investigate and act on complaints or concerns raised that EHC plan provision is not in place.
27. Ms X raised concerns with the Council in May and June about the placement’s provision. The Council responded quickly to Ms X on both occasions and liaised with the placement.
28. In September, the Council and placement confirmed with Ms X what education B would get in that academic year.
29. Ms X complained. The Council met with Ms X twice. It agreed to look for another placement for B. The Council found a new placement for B which they started in January 2025.
30. The Council says during the autumn term (September to December 2024), B accessed a variety of vocational and educational learning, including functional skills in core subjects.
31. I am satisfied the Council liaised with the placement and made sure B received provision while the Council looked for, secured, and arranged a placement at a different setting. I therefore find the Council met its duties to ensure B’s EHC plan provision was provided. For this reason, I do not find the Council at fault.

Education, health and care plan

32. Ms X complained the Council ignored her reports that the placement was not following the education, health and care (EHC) plan (part b of the complaint).
33. I do not agree that the Council ignored Ms X’s reports. I find the evidence shows the Council acted promptly on Ms X’s concerns. Without delay, in the summer the Council contacted the placement and worked with the placement to make sure B was getting the appropriate provision. And in the autumn, the Council met with Ms X to discuss her concerns. The Council agreed to move B to a new placement, which it did.
34. For these reasons, I do not find the Council at fault.

Communication

35. Ms X complained the Council communicated poorly with her (part c of the complaint). She said the Council did not respond to her emails or communications.
36. From the evidence I have seen, I find the Council largely responded to Ms X’s communications. We do not expect councils to respond to every email or communication from a service user.
37. However, in its complaint response, the Council accepted there was a delay responding to Ms X’s requests for information. This is fault. The Council acknowledged this caused unnecessary stress. The stress is injustice. The Council apologised.
38. I am satisfied the Council has apologised for the injustice caused by the fault. I do not consider any further remedy is appropriate or proportionate.

Complaint

39. Ms X complained the Council failed to respond to her complaint (part d of the complaint).
40. Ms X complained in September 2024. Without delay, the Council visited Ms X at home to discuss her complaint. The Council then took action to resolve her complaint, which was to find B another placement.
41. The Council said it treated Ms X’s concerns as a service request.
42. I have set out above how the Council’s complaints procedure defines complaints and service requests. I have also set out what the Council says it will do to resolve problems.
43. I find the Council was entitled to decide Ms X’s complaint was a service request. I am satisfied it took action to resolve the issue. I therefore do not agree that the Council failed to respond to Ms X’s complaint. For this reason, I do not find the Council at fault.

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Decision

44. I find fault 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