Summary: Miss X complained the Council did not provide suitable education for her child. She says this impacted their education and emotional wellbeing and caused her financial strain. We find no fault with the Council.

The complaint

1. Miss X complains about the Council’s handling of her child, B’s, education. Specifically, she complains the Council:

1. Did not properly consider all relevant information and reports in its Education Health and Care (EHC) Plan;
2. Named an unsuitable placement in the EHC Plan;
3. Did not provide suitable alternative education; and
4. Communicated poorly.

2. Miss X says this impacted his education and emotional wellbeing. She says it also caused her financial strain as she had to reduce her employment to be present for her child.

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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. 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)
4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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)
6. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
7. The First-tier Tribunal (Special Educational Needs and Disability) considers appeals against council decisions regarding special educational needs. We refer to it as the Tribunal in this decision statement.

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What I have and have not investigated

8. Miss X complains about matters which began in January 2024. Miss X bought her complaint to the Ombudsman in May 2025. As I have explained above, we cannot investigate matters more than twelve months before someone brings their complaint unless there is good reason. I consider it was reasonable for Miss X to bring her complaint sooner, and there is no good reason to exercise discretion. For this reason, I will investigate matters from May 2024.
9. As I have explained above, we cannot investigate matters which could also be appealed to Tribunal. Miss X used her right to appeal in November 2024. Miss X appealed the contents and placement named in the EHC Plan. For this reason, I have not investigated parts a and b of the complaint.
10. Miss X also complains about the Council’s communication with her about the EHC Plan. This is not separable from the matters Miss X is appealing and could be considered by the Tribunal. For this reason, I have not investigated part d of the complaint.
11. I have investigated part c of the complaint from May 2024 until November 2024, which is when the Council issued the final EHC Plan and gave Miss X her right to appeal.

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How I considered this complaint

12. I considered evidence provided by Miss X and the Council as well as relevant law, policy and guidance.
13. Miss 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

What should have happened

Alternative education provision (part c of the complaint)

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. The provision generally should be full-time unless it is not in the child’s interests. (Education Act 1996, section 19). We refer to this as section 19 or alternative education provision.
15. This applies to all children of compulsory school age living in the local council area, whether or not they are on the roll of a school. (Statutory guidance ‘Alternative Provision’ January 2013)
16. The DfE guidance (Working together to improve school attendance) states all pupils of compulsory school age are entitled to a full-time education. In very exceptional circumstances there may be a need for a temporary part-time timetable to meet a pupil’s individual needs. For example where a medical condition prevents a pupil from attending full-time education and a part-time timetable is considered as part of a re-integration package. A part-time timetable must not be treated as a long-term solution. 
17. Our focus report, “Out of school…out of mind?”, says councils should keep all cases of part-time education under review with a view to increasing it if a child's capacity to learn increases.

What happened

18. Prior to May 2024, Miss X told the Council that B had stopped attending school due their unmet Special Education Needs and mental health needs. The Council liaised with the school under its section 19 duty. The school referred B to an education provider for children who cannot attend school for medical reasons.
19. In May, the Council and education provider completed a home visit to Miss X and B. Three days later, B started a package of online and in-person tuition. The package included nine hours of provision per week.
20. In early June, the Council attended a meeting attended by Miss X and an officer from the education provider to review the B’s part time timetable. The Council was told B engaged well with online tuition and was working to increase attendance with the in-person provision.
21. In July, the Council held another review meeting which was attended by Miss X and an officer from the education provider. It said B was attending about 70% of the provision and was engaging well when they did attend. It identified it needed to address B’s mental health needs to support their reintegration with school and arranged specific emotional support to start in the autumn term.
22. In September, B’s online provision timetable increased. The package included ten hours of contact lessons per week, and additional independent set work.
23. In November, the Council held another review meeting which was attended by Miss X and other professionals working with B. B had begun weekly emotional support sessions and continued to have reduced attendance at the in-person provision.
24. Shortly afterwards, the Council issued its final EHC Plan and gave Miss X her right to appeal. Miss X appealed to the Tribunal.

Analysis

25. The Council considered the education provided to B was not equivalent of full-time education. However, it was satisfied the provision was manageable for B due to their health needs and so considered it was a suitable amount. I am satisfied the Council showed due consideration to all relevant information in its decision making that the provision was appropriate for B’s age, ability and aptitude.
26. I am satisfied the Council considered B’s bespoke package of part time provision to be a temporary measure with the view of re-engaging B with formal education. I am satisfied the Council evidenced considerable oversight of the part-time timetable and increased the provision when it considered B’s capacity to learn had increased. I find no fault with the Council.

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Decision

27. I find no fault.

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Investigator's decision on behalf of the Ombudsman