Summary: The Council was at fault because it did not have proper oversight of how Miss X’s child’s school was providing their special educational provision. The Council also communicated poorly with Miss X. The Council already apologised. It has agreed to make a payment to Miss X to remedy the injustice.

The complaint

1. Miss X complained the Council failed to provide the provision in her child’s Education, Health and Care plan. She also complained the Council communicated poorly with her. Miss X said this had an impact on her child’s education and emotional wellbeing.

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The Ombudsman’s role and powers

2. 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)
3. 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)
4. Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).
5. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
6. 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)

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What I have and have not investigated

7. Miss X complained to us in October 2025 that her child had been out of school for three years. As I have said above, we cannot investigate late complaints unless we decide there are good reasons.
8. I am satisfied that reasonable opportunities existed for Miss X to bring her complaint to us earlier than October 2025. For this reason, I do not find there are good reasons for us to exercise our discretion and investigate earlier than 12 months before she complained to us.
9. For this reason, I have investigated from October 2024 to October 2025.

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How I considered this complaint

10. I considered the information and documents provided by Miss X and the Council. I spoke to Miss X about her complaint. Miss 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.
11. I considered the relevant legislation and statutory guidance, set out below. I also considered the Ombudsman’s published guidance on remedies.

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What I found

What should have happened

12. A child or young person with special educational needs may have an Education, Health and Care (EHC) plan. This plan sets out the child’s needs and what arrangements should be made to meet them.
13. The council has a duty to make sure the child or young person receives the special educational provision set out in their 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)  

What happened

14. Miss X’s child, B, had an Education, Health and Care (EHC) plan. B had been attending a mainstream school. Miss X told the Council she had concerns that the school could not meet B’s needs.
15. There was a review of B’s EHC plan in February 2024. The school and Miss X asked the Council to find an alternative placement for B. The Council agreed and started consulting with other schools.
16. In July 2025, Miss X complained to the Council.
17. The Council sent its complaint response in October. It upheld Miss X’s complaint. It recognised it had not had proper oversight of B’s case, it had failed to secure an alternative placement for B, and its communication with Miss X had been poor.
18. The Council apologised for the distress, confusion, inconvenience, and impact of the delays.
19. Miss X then complained to the Ombudsman.

Analysis

Special educational provision

20. Miss X complained the Council failed to provide the provision in her child’s Education, Health and Care plan.
21. In its complaint response, the Council said it had consulted with mainstream settings for B but it had not found an alternative placement for them. It said there had been staffing changes and a lack of continuity which may have adversely affected its oversight of B’s case. The Council recognised there had been a delay securing an alternative placement for B.
22. This is fault. I find the fault caused Miss X injustice because it caused distress, uncertainty and frustration.

Communication

23. Miss X complained the Council communicated poorly with her.
24. In its complaint response, the Council accepted its communication with Miss X had not been consistent. It said there had been staff changes which meant B’s caseworker had not stayed consistent. The Council recognised it may have been difficult for Miss X to know who to contact.
25. The Council also recognised it could have told Miss X earlier about the changes in B’s caseworker through clearer communication, particularly in notifying Miss X of changes in staff and who to contact. The Council recognised this had caused added stress at already challenging time.
26. This is fault. I find the fault caused Miss X injustice because it caused uncertainty, frustration and distress.
27. The Council said it was actively working to stabilise staffing levels to ensure continuity. This is both positive and necessary.

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Action

28. I am satisfied the Council has apologised for the injustices caused. However, I am not satisfied that the apology alone remedies the scale of the injustice.
29. I have considered our published guidance on remedies which sets out a maximum of £500 for uncertainty, distress and frustration. I have considered the level of injustice caused, the significance of the injustice, and the length of time involved here. I find that the maximum payment of £500 is an appropriate and proportionate remedy for the level of injustice caused.
30. Within four weeks of this decision, the Council has agreed to make a payment of £500 to Miss X.
31. The Council should provide us with evidence it has complied with the above action.

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Decision

32. I find fault causing injustice. The Council has agreed to take action to remedy injustice.

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Investigator's decision on behalf of the Ombudsman