Summary: The Council was at fault for failing to provide Mrs X’s child B with alternative educational provision, for delay in its search for a suitable school place for B, and for its poor communication with Mrs X. This meant B missed out on a year of educational provision, and it caused Mrs X distress, frustration, and uncertainty. The Council has agreed to apologise and make a payment to remedy the injustice.

The complaint

1. Mrs X complained the Council delayed finding a suitable school placement for her child B, and failed to provide B with suitable alternative educational provision when they were not able to attend the arranged provision. Mrs X also complained the Council failed to communicate with her.
2. Mrs X said this significantly impacted B’s education and wellbeing. She said it meant she was not able to work as she had to be at home caring for B. Mrs X said this had a financial impact on the family as well as causing an emotional strain.

Back to top

The Ombudsman’s role and powers

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

Back to top

What I have and have not investigated

8. Mrs X complained to us in September 2025 about a lack of suitable school placement for her child from December 2023.
9. As I have said above, we cannot investigate late complaints unless we decide there are good reasons.
10. I have considered Mrs X’s reasons for not complaining to us earlier. I have not found any good reasons for us to exercise our discretion and look back further than 12 months before she complained to us.
11. For this reason, I have investigated the Council’s actions from September 2024 (12 months before Mrs X complained to us) to September 2025 (when she complained to us).
12. I have considered the ongoing injustice up to February 2026. This is when B started alternative provision with a new provider.

Back to top

How I considered this complaint

13. I considered the information and documents provided by Mrs X and the Council. I spoke to Mrs X about her complaint. Mrs X and the Council had an opportunity to comment on an earlier draft of this statement. I considered all comments received before I reached a final decision.
14. I considered the relevant legislation, statutory guidance, and policies, set out below. I also considered the Ombudsman’s published guidance on remedies.

Back to top

What I found

What should have happened

15. Section 19 of the Education Act 1996 says the council 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

16. In late 2023, Mrs X’s child, B, was not able to continue attending school. From December 2024 to March 2025, B attended alternative provision. In March 2025, Mrs X withdraw B from that alternative provision because she had concerns. Mrs X told the Council about this. On the same day, the Council said it would call her about it.
17. In June, Mrs X complained.
18. In July, the Council said in its complaint response that it was consulting alternative schools for B, but it had not found a suitable placement yet. The Council apologised for its poor communication with Mrs X. It said an officer had not maintained weekly contact with Mrs X as agreed.
19. The Council said this officer would ensure they maintained close liaison with other Council officers about B’s education, would start a new round of consultations with schools, and would see if another provider could offer B some alternative provision in the interim. The Council said it would schedule a call with Mrs X to provide an update.
20. In September, Mrs X asked for an update on finding B a school place. Mrs X then complained to the Ombudsman.
21. In January 2026, the Council’s panel agreed to provide alternative provision from a different provider. This began in February 2026.

Analysis

School placement

22. Mrs X complained the Council delayed finding a suitable school placement for her child, B.
23. I am satisfied the Council made attempts to find B a suitable placement in April 2025 and November 2025. However, I have seen no evidence which shows the Council took any action to find B a school place between April and November 2025. Without evidence, I cannot find the Council was actively seeking a place for B.
24. I find delay and drift. This is fault. This fault caused Mrs X and B injustice because it caused uncertainty.

Alternative educational provision

25. In December 2024, the Council’s panel agreed to provide alternative provision. This continued until March 2025, when Mrs X withdrew B from this provision. The Council put different alternative provision in place from February 2026.
26. Mrs X complained the Council failed to provide B with suitable alternative educational provision when B was not able to attend the arranged provision (from March 2025 onwards). Mrs X said B did not get any provision between March 2025 and February 2026.
27. I have seen no evidence the Council put any alternative educational provision in place during this time. This is fault. This fault caused B injustice because they missed out on educational provision they should have received for three terms. This also caused Mrs X uncertainty, frustration and distress.

Communication

28. Mrs X complained the Council failed to communicate with her. Mrs X said she repeatedly tried to contact the Council by phone and email but got no response or acknowledgement.
29. When Mrs X removed B from the alternative provision in March 2025, the Council said it would call her to discuss different alternative provision. Mrs X said this did not happen.
30. Mrs X said a Council officer promised weekly updates on progress with school consultations. She said the officer did this for a few weeks then stopped.
31. The Council accepted in its complaint response that it had communicated poorly with Mrs X. It also accepted the officer did not provide weekly updates as promised. It apologised. In that complaint response, the Council said an officer would undertake certain actions. Mrs X said the officer did not do any of the actions the Council promised.
32. The Council is at fault for its repeated poor communication with Mrs X, and its failure to do what it said it would do. This fault caused Mrs X injustice because it caused unnecessary distress, frustration and uncertainty.

Back to top

Action

33. Within four weeks of this decision, the Council has agreed to apologise to Mrs X in writing for the lack of educational provision for B and the unnecessary distress, frustration and uncertainty the faults caused Mrs X.
34. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The Council should consider this guidance when making this apology.
35. Within four weeks of this decision, the Council has agreed to make a payment of £5400 to Mrs X.
36. In arriving at this figure, I considered our published guidance on remedies, that B got no provision at all, that B has special educational needs, B’s place in their educational career, and the distress, frustration and uncertainty caused to Mrs X.
37. I find £1800 per term is an appropriate and proportionate remedy for the level of injustice caused. £1800 per term multiplied by three terms equals £5400.
38. The Council should provide us with evidence it has complied with the above actions.
39. We issued two decisions against this Council in 2025 for similar faults. Those decisions contained service improvements. The Council has implemented those service improvements. For that reason, I have not proposed anything further here.
40. The Council said its poor communication was due to staffing issues. The Council explained what it has put in place to address this. I am satisfied with the Council’s action. For this reason, I have not proposed the Council makes any further improvements to its service.

Back to top

Decision

41. I find fault causing injustice. The Council has agreed to take actions to remedy injustice.

Back to top

Investigator's decision on behalf of the Ombudsman