Summary: Mr X complained that after moving into the Council’s area, it failed to provide his child, Y, with suitable education or alternative provision. We have ended our investigation because the Council has already provided an appropriate remedy.

The complaint

1. Mr X complained that since moving into the area, the Council has failed to provide his child, Y with education or arrange suitable alternative provision.
2. He says this has caused significant financial and emotional stress, disruption to the family, and resulted in Y missing out on education.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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).

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How I considered this complaint

6. I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
7. Mr 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

Relevant law and legislation

EHC Plan

8. 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. 

Transfer of EHC Plan between Councils

9. Where a child or young person moves to another council, the ‘old’ council must transfer the EHC Plan to the ‘new’ council. The new council must make sure the provision in the EHC Plan begins on the day of the move or within 15 working days of becoming aware of the move if this is later. The new council must review the EHC Plan either within 12 months of it last being reviewed or three months of the date of the transfer, whichever is the later date. (Section 15 Special Educational Needs and Disability Regulations 2014)  

Alternative provision

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.

What happened

11. Y previously lived in another council area and has special educational needs.
12. In September 2024, the previous council issued a final amended EHC Plan for Y, naming a mainstream school.
13. In April 2025, Y moved into the Council’s area. The previous council notified the Council of the move and transferred Y’s EHC Plan.
14. In May, Mr X complained to the Council that Y had been without education for the three weeks since the move. He asked the Council to consult schools immediately, arrange alternative provision, and carry out an early review of Y’s EHC Plan.
15. Later that month, the Council told Mr X it had started school consultations and was exploring alternative provision, including home tuition.
16. Unhappy with the response, Mr X escalated his complaint. The Council subsequently offered 10 hours of home tuition for Y, but Mr X declined, requesting instead 25 hours per week in a setting where Y could interact with other children.
17. The Council offered Mr X £1,100 to acknowledge the impact on the family, which he accepted. It also advised him he could approach the Ombudsman if he remained dissatisfied.
18. In June, Mr X asked the Council to reimburse the cost of speech and language therapy (SALT) and equine therapy, along with related transport costs, which he had arranged himself. The Council agreed and continued attempting to arrange alternative provision, which Mr X again declined.
19. Mr X then brought his complaint to the Ombudsman. After this, the Council provided two further payments covering the full cost of the privately arranged SALT and equine therapy, totalling over £4,000.
20. In September, Y began attending a new school.

My findings

21. From the date the Council should have ensured the provision set out in Y’s EHC Plan was in place until Mr X brought his complaint to the Ombudsman, Y was without education and special educational provision for a period of six weeks.
22. In May, the Council offered Mr X £1,100 to recognise the impact of the education Y missed. Since then, it has also reimbursed in full the privately arranged SALT and equine therapy Mr X secured for Y while out of education. Y has now started at a new school.
23. I have considered the remedy offered by the Council and am satisfied it is consistent with the Ombudsman’s Guidance on remedies. The Council has taken steps to recognise the injustice caused and to address the impact on Y and the family.
24. As the Council has already provided a suitable remedy and further investigation would not lead to a different outcome, I have decided to end the investigation.

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Decision

25. I have ended my investigation and uphold Mr X’s complaint. The Council has taken action which has resolved the outstanding issue and no further action by the Ombudsman is needed.

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Investigator's decision on behalf of the Ombudsman