Summary: We will not investigate this complaint about the Council’s failure to provide suitable education for Mrs X’s child Y. This is because an investigation would be unlikely to result in a different outcome.

The complaint

1. Mrs X made several complaints about the Council’s failure to provide suitable education for Mrs X’s child Y.

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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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

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

3. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

4. I considered information provided by Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X made several complaints about the Council’s failure to provide suitable education when her child Y had to leave education in early 2025. She said amongst other things that it delayed arranging alternative provision, did not provide a personal budget when asked for one or agree to provide education at a setting other than a school.
7. The Council acknowledged the partial delay in arranging alternative provision but advised that it had reimbursed Mrs X for the period she paid for private tuition for Y. The Council also said it was delayed in arranging suitable provision due to Y’s previous school stating it could still meet Y’s needs.
8. Mrs X remains unhappy with the Council’s actions and wants us to find it at fault. The Council has provided its rationale for why it did not immediately consider alternative provision for Y, and it is in line with the Council’s policy. The Council has reimbursed Mrs X for the private tuition she funded and it is open to her to appeal the personal budget and EOTAS complaint points at tribunal. Further investigation into this matter would not result in a different outcome.

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Final decision

9. We will not investigate Mrs X’s complaint because an investigation would be unlikely to result in a different outcome.

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Investigator's decision on behalf of the Ombudsman