Summary: We have found no fault with the Council. It secured alternative provision for Y when he was not attending school. While the amount and type of alternative provision varied, the Council ensured that it was suitable for Y at that time. We have not investigated Mr X’s complaint about the lack of school placement for Y as Mr X could appeal this.

The complaint

1. Mr X complained that the Council has not secured a suitable full-time education for his son, Y. Mr X said that since moving to the area, Y has missed nearly two years of education.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. 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)
5. 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.
6. 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)
7. 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)

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What I have and have not investigated

Investigation period

8. I have investigated between June 2024 and June 2025.
9. Mr X brought his complaint to the Ombudsman in June 2025 so I cannot investigate matters which relate to events after this date.
10. As stated in paragraph 3, anything that happened earlier than 12 months before Mr X brought his complaint to us, is considered late. I have seen no good reason why Mr X did not complain to us sooner, so I have not exercised my discretion to consider events earlier than June 2024.

Investigation content

11. I have not investigated the part of Mr X’s complaint that relates to the Council’s failure to secure or name a placement in Y’s EHC Plan. Mr X could have appealed this to the Tribunal.
12. I have investigated Mr X’s complaint about Y not receiving education while he has been without a school placement.

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How I considered this complaint

13. I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
14. Mr X and the Council now have an opportunity to comment on my draft decision. I will consider their comments before making a final decision.

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What I found

Law and guidance

EHC Plan

15. A child or young person with special educational needs may have an Education, Health and Care (EHC) Plan. This document sets out the child’s needs and what arrangements should be made to meet them. The EHC Plan is set out in sections. We cannot direct changes to the sections about their needs, education, or the name of the educational placement. Only the Tribunal or the council can do this.

Mediation

16. Councils must arrange for a child’s parents or the young person to receive information about mediation as an informal way to resolve disputes about decisions that can be appealed to the Tribunal. Parents need to consider mediation and get a ‘mediation certificate’ before they can appeal to the Tribunal. They do not have to agree to attend mediation.
17. A child’s parents or the young person do not have to consider mediation if their disagreement only relates to the placement named in section I or that no placement is named in section I.

General section 19 duty

18. 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.
19. 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)

What happened

Background

20. In January 2023, Y moved Council areas to live with his father, Mr X. The Council reviewed Y’s EHC Plan and consulted special schools in the area. All schools declined to offer Y a placement.
21. While it continued to consult potential placements, the Council explored alternative provision (AP) for Y. It agreed to 15 hours per week in principle. Mr X explained that Y could not cope with 3-hour sessions, and that one-hour sessions, five times a week would work.
22. Y started AP sessions in April 2024. Mr X requested an increase in sessions as Y was only receiving an average of 6 hours per week although the Council had agreed to 15 hours per week.

Final EHC Plan issued

23. In July 2024, the Council issued a final amended EHC Plan. This did not name a specific school but a type of school (special school).
24. After Mr X raised concerns, he and the Council attended mediation in August 2024 to discuss the delay in finding Y a placement. The Council agreed to share with Mr X details of the schools it had consulted and set out the current position and steps towards finding a placement for Y.
25. The Council continued to consult potential placements.

Additional alternative provision

26. In September 2024, the Council secured additional AP that Y began to attend. After a safeguarding incident, the Council increased Y’s support from 1:1 to 2:1. In October, Mr X raised concerns that Y was getting confused and dysregulated with all the different AP weekly activities. He asked the Council for an update regarding finding Y a full-time school placement.
27. In January 2025, the Council issued a revised draft EHC Plan.
28. Mr X complained that the Plan still did not name a placement for Y. The Council responded to Mr X. It explained that because he could appeal the omission of a named placement, it could not investigate his complaint.
29. The Council issued Y’s final amended EHC Plan the next day. Mr X complained to the Ombudsman that Y had not had formal education for over two years.

Update

30. The Council requested additional funding for AP and consulted further schools. In September 2025, the Council carried out Y’s year 11 transition review. It issued a final Plan in October, naming a type of school/college as ‘special’.
31. Y started at a residential special school in a different area in October, but this placement ended after 19 days.
32. At the time of this decision, the Council had reinstated AP for two days a week and was exploring suitable tutors for three mornings a week.

My findings

33. The Council secured AP for Y from April 2024. The Council agreed to fund 15 hours per week of AP, but the duration and type of AP fluctuated during this time. Mr X was concerned that Y was not receiving the full 15 hours and that he was not receiving a ‘formal education’
34. Initially Y started a very limited number of AP hours. This was because Mr X and the Council agreed that he could not cope with longer sessions. This gradually increased as Y’s confidence and relationship with the tutors/providers developed. I am satisfied that the Council considered Y’s needs and ability to cope when deciding the number of AP sessions to secure. I have found no fault here.
35. Y did not receive a formal education during this time. Instead, the provision focussed on social and therapeutic activities. I am satisfied that the Council considered Y’s needs and ability to cope when deciding the type of AP that would be suitable for him. I have found no fault here.
36. I have seen evidence that the Council frequently reviewed the AP for Y and agreed extra funding for higher staff ratios when needed.
37. Any gaps in the AP were due to providers reacting to incidents involving Y or where Y was struggling to cope. The Council worked with providers and Mr X to find replacement AP when provision broke down.
38. I have found no fault with the Council; I am satisfied that it met its duty to secure a suitable education for Y when he was not attending a school placement.

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Decision

39. I find no fault.

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Investigator's decision on behalf of the Ombudsman