Summary: We will not investigate this complaint about the Council’s failure to make suitable educational provision for a child not attending school. This is because there is not enough evidence the Council is at fault to justify an investigation.

The complaint

1. Mr X, the complainant, says his child missed six months of education following a period of exclusion from school. He says the Council failed to provide suitable education that meets his child’s special educational needs.

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The Ombudsman’s role and powers

2. 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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says his child missed six months of education from April 2024 while he was unable to attend school. He says this has affected the child’s mental health and caused the wider family distress. He says the Council did not consider all the evidence and failed to provide suitable education.
6. In response to Mr X’s complaint, the Council said it had approved extra provision in-school, in addition to provision specified in the child’s Education, Health and Care (EHC) Plan, to support the child to return to school after a period of absence. The child always remained on roll at the school. The Council maintains there was always a suitable offer of education available to the child.
7. This complaint turns on whether appropriate education was available at the school. This is not a matter on which we will express a view. The Council’s position is reasonable and proportionate and we therefore have no grounds to criticise it. Therefore there is not enough evidence of fault to warrant an investigation.
8. In November 2024, the Council issued a new EHC Plan naming a different setting. If Mr X was unhappy with the content of the new EHC plan, his recourse was to use his right to appeal to the First-tier Tribunal (Special Educational Needs and Disability).

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Final decision

9. We will not investigate Mr X’s complaint because there is not enough evidence of fault to warrant investigation.

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Investigator's decision on behalf of the Ombudsman