Summary: We have found fault with the Council for not delivering suitable alternative educational provision for Mr X’s son after he was excluded from school. He missed a term of education that affected his learning and behaviour. The Council has agreed to remedy this injustice.

The complaint

1. Mr X complained the Council did not deliver suitable alternative provision for his son, Y after he was permanently excluded from school in March 2023.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), 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(i), as amended)

Back to top

What I have and have not investigated

4. I have investigated the period between March and June 2023 when Y was out of school.
5. Mr X has appealed the Council’s decision to not carry out an Education and Health Care needs assessment for Y. I have not investigated matters surrounding this decision.

Back to top

How I considered this complaint

6. I considered Mr X’s complaint and spoke to him about it.
7. I have also considered the Council’s response to Mr X and to my enquiries.
8. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

Back to top

What I found

Law and guidance

General section 19 duty

9. Councils must arrange suitable education at school or elsewhere for pupils who are out of school because of exclusion, illness or for other reasons, if they would not receive suitable education without such arrangements. [The provision generally should be full-time unless it is not in the child’s interests.] (Education Act 1996, section 19). We refer to this as section 19 or alternative education provision.
10. This applies to all children of compulsory school age living in the local council area, whether or not they are on the roll of a school. (Statutory guidance ‘Alternative Provision’ January 2013)

Suspension and permanent exclusion from maintained schools, academies and pupil referral units in England

11. This states that for permanent exclusions, the local authority must arrange suitable full-time education for the pupil to begin from the 6th school day after the first day the permanent exclusion took place.

What happened

12. In March 2023, Y was permanently excluded from School A.
13. The Council acknowledged it was responsible for educational provision from the 6th day of exclusion. It said that at the time, there were very few Alternative Provision (AP) places available in the area. The Council said as Mr X had said that tuition within the home was not appropriate, it approached School B.
14. School B refused to take Y given the complex nature of his previous behaviours. The Council said that Y’s parents approached another school (School C) that also refused to accept Y.
15. The Council said at this time, it also explored the possibility of 1:1 tutoring and a local alternative education provider.
16. From June 2023, Y was offered a place at School D (an AP placement).
17. The Council acknowledged the delay in delivering AP was unacceptable. It said during the delay, it suggested that Y access online learning tools in the interim.

My findings

18. The Council has acknowledged it should have provided education for Y after the 6th day of his exclusion. This was fault. This led to Y missing a term of education. Given his already poor attendance and behaviour, this had a further negative impact on this behaviour and affected his whole family.
19. I recognise the Council apologised for failing to provide AP and said it was due to the lack of placements available.
20. Despite Mr X saying that a face-to-face tutor or an online tutor at home was not appropriate, this would have been preferable to the suggestion that Y access education via online learning tools such as BBC Bitesize.
21. The Council has agreed, in addition to its apology to Mr X, it will pay Mr X £900 for the term of education that Y missed. This is in line with our Guidance on Remedies.
22. In addition, the Council has agreed to source a range of AP providers and create a list that could be considered in future cases. This should include different providers that may be suitable for children with behavioural issues that may struggle to access mainstream education.

Back to top

Agreed action

23. Within 4 weeks of my decision, the Council has agreed to:
1. Pay Mr X £900 in recognition of the term of education that Y missed.
24. Within 12 weeks of my decision, the Council has agreed to:
1. Provide a list of alternative education providers that can be considered in the future to ensure that ‘lack of placements’ is not a reason for not delivering alternative provision.
25. The Council should provide us with evidence it has complied with the above actions.

Back to top

Final decision

26. I have completed my investigation. I have found fault with the Council for not delivering alternative provision for Mr X’s son after he was permanently excluded from school.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman