Summary: Mr X complained the Council failed to provide the special educational provision set out in his child’s Education, Health and Care Plan, or provide them with suitable alternative provision between October 2024 and June 2025. We have ended our investigation because the Council has already provided an appropriate remedy.

The complaint

1. Mr X complains the Council has failed to provide the special educational provision set out in his child, Y’s Education, Health and Care (EHC) Plan, as well as suitable alternative provision, between October 2024 and June 2025.
2. He says this has meant Y has not received the education they are entitled to, which has negatively affected their mental health. He also says the situation has impacted his own health.

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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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What I have and have not investigated

6. Mr X’s partner, Y’s mother, previously complained to the Ombudsman about Y’s education. That investigation covered the period from October 2024 to the end of February 2025. Following this, the Council agreed to pay £1,650 to recognise its failure to provide both suitable alternative provision and the special educational provision set out in Y’s EHC Plan during that time.
7. As this period has already been considered by the Ombudsman, I cannot investigate the same issues again. I have therefore limited my investigation to the period from March 2025 to June 2025.

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How I considered this complaint

8. I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
9. 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 legislation

Education. Health and Care Plan

10. 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. 
11. The council has a duty to make sure the child or young person receives the special educational provision set out in section F of an 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)  

Alternative provision

12. Section 19 of the Education Act 1996 says that councils must arrange suitable alternative educational provision when it finds that a child is unable to attend school because of a permanent exclusion, an illness, or for any other reason which make the school inaccessible to the child. The alternative educational provision must be suitable to the child’s age, ability and aptitude, and any special educational needs they have.

What happened

13. Before March 2025, Y was not attending school and was not receiving any alternative educational provision.
14. In March 2025, Y began attending alternative provision, which was subsequently increased.
15. In June, Y returned to a school placement.
16. In September, Mr X brought his complaint to the Ombudsman.
17. Following the outcome of the previous Ombudsman investigation, the Council accepted it had failed to provide suitable alternative provision and special educational provision for 13 weeks between October 2024 and February 2025. It agreed to pay £1,650 to recognise the loss of education during that period.
18. The Council also acknowledged that Y continued to miss some education between March and the end of May. To remedy this, it offered a further £1,650 for the additional 10-week period.
19. In addition, the Council provided details of its SEND Transformation Plan, which includes measures to:
• strengthen processes to ensure timely and appropriate provision for children unable to attend school;
• improve compliance with statutory duties under the Children and Families Act 2014;
• enhance collaboration with schools and alternative providers; and
• increase capacity and resources to deliver provision set out in EHC Plans without delay.

My findings

20. Between March and the end of May 2025, Y was receiving some alternative provision. However, this was not equivalent to full-time education and did not fully meet the requirements of their EHC Plan. Y therefore continued to miss out on elements of both education and special educational provision. This was fault.
21. The Council has acknowledged this failure and the resulting injustice to Y and the family. It has offered a financial remedy of £1,650 to recognise the missed provision during this period.
22. I have considered this offer in line with our Guidance on Remedies. Given that Y was receiving some provision during this time, the shorter duration compared to the earlier period already investigated, and that Y returned to school in June 2025, I am satisfied the amount offered is proportionate and appropriate to the injustice caused.
23. The Council has also taken steps to address the underlying issues through its SEND Transformation Plan, which aims to improve future service delivery.
24. As the Council has acknowledged fault, offered a suitable remedy, and taken action to improve its services, I am satisfied that further investigation would not lead to a different outcome. I have therefore decided to end my 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