Summary: Ms X complained the Council failed to provide her child with suitable education and specialist provision over a two-year period. Many of the issues raised are late. For the period I can investigate I have found no fault.

The complaint

1. Ms X complains the Council failed to provide suitable education and specialist SEN provision for her child, Y, over a period of more than two years.
2. She says Y missed significant education and support, causing distress to the family and financial loss.

Back to top

The Ombudsman’s role and powers

3. 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)
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)

Back to top

What I have and have not investigated

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. Ms X became aware of concerns about Y’s lack of education in May 2022. She should have brought her complaint to the Ombudsman by May 2023, but she did not contact us until June 2025. Although I recognise there were delays in the Council’s complaint handling, Ms X knew Y was not receiving suitable education and could have escalated her concerns to us sooner. For this reason, I will not investigate events before June 2024.

Back to top

How I considered this complaint

7. I considered evidence provided by Ms X and the Council as well as relevant law, policy and guidance.
8. Ms X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

Back to top

What I found

EHC Plan

9. 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. 

Section 19 duty

10. 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.
11. 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

12. Before June 2024, Y experienced long periods without suitable education or specialist provision. Ms X raised concerns with her MP in 2022 and the Council in 2023 and 2024.
13. In June 2024, the Council issued Y’s final amended EHC Plan naming a specialist school. Y started attending shortly afterwards on a part-time timetable to support their transition.
14. In July, the Council responded to Ms X’s earlier complaint about pre-June 2024 events. It apologised for delays in issuing the amended EHC Plan, in securing a suitable school place and in responding to her complaint. It offered a financial remedy of £7,350 to recognise the loss of education, distress, and time and trouble caused.
15. In June 2025, Ms X brought her complaint to the Ombudsman, seeking further redress.

My findings

16. My investigation covers the period from June 2024 onwards. During this period, the Council issued an amended EHC Plan naming a suitable placement, and Y began attending the school. The evidence shows the Council met its duties from June 2024, and I have found no fault for this period.
17. The Council has already accepted that, before June 2024, it failed to provide Y with suitable education and specialist support for a prolonged period. Although this earlier period falls outside my jurisdiction, I welcome the Council’s acknowledgement of fault and its offer of £7,350 to remedy the injustice caused.
18. I do not recommend any further action. The Council should pay the previously offered financial remedy if it has not already done so.

Back to top

Decision

19. I find no fault.

Back to top

Investigator's decision on behalf of the Ombudsman