Summary: Miss X complains the Council failed to provide her son Y, with alternative educational provision while he was unable to attend school due to health issues. We have concluded our investigation making a finding of fault. The evidence shows that the Council made a professional judgment regarding Y’s school attendance and alternative provision, and there is no indication that this was inconsistent with their obligations. However, I found that Miss X raised valid concerns about communication and timeliness, and the Council could have better communicated with Miss X to keep her informed. The Council has accepted our recommendations.

The complaint

1. Miss X complains about the Council’s failure to provide her son, Y, with alternative educational provision while he was unable to attend school due to health issues. Miss X says the Council did not appropriately consider evidence of Y’s ill health during this period and failed to meet its obligations to arrange suitable education. Miss X would like the Council to acknowledge its failings, issue an apology and provide a remedy to cover costs incurred.

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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(i), 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).

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How I considered this complaint

5. I considered the information provided by Miss X and the Council. Miss X and the Council were offered opportunity to comment on my draft decision and I considered any comments submitted before making a final decision.

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What I found

Guidance and legislation

Section 19 education

6. Under section 19 of the Education Act 1996 councils have a duty to make arrangements for the provision of suitable education, at school or otherwise, for children who, because of illness or other reasons, may not receive suitable education unless such arrangements are made for them.
7. Suitable education means efficient education suitable to a child’s age, ability and aptitude and to any special educational needs he may have. (Education Act 1996, section 19(6))
8. The DfE guidance (Working together to improve school attendance) states all pupils of compulsory school age are entitled to a full-time education. In very exceptional circumstances there may be a need for a temporary part-time timetable to meet a pupil’s individual needs. For example where a medical condition prevents a pupil from attending full-time education and a part-time timetable is considered as part of a re-integration package. A part-time timetable must not be treated as a long-term solution. 
9. We have issued guidance on how we expect councils to fulfil their responsibilities to provide education for children who, for whatever reason, do not attend school full-time. Out of school, out of sight? published July 2022
10. We made six recommendations. Councils should:
• consider the individual circumstances of each case and be aware that a council may need to act whatever the reason for absence (except for minor issues that schools deal with on a day-to-day basis) – even when a child is on a school roll;
• consult all the professionals involved in a child's education and welfare, taking account of the evidence when making decisions;
• consider enforcing attendance where a child has a suitable school place available, and where there is no medical or other reason that prevents them attending;
• keep all cases of part-time education under review with a view to increasing it if a child’s capacity to learn increases;
• work with parents and schools to draw up plans to reintegrate children to mainstream education as soon as possible, reviewing and amending plans as necessary; and
• put the chosen action into practice without delay to ensure the child is back in education as soon as possible.
11. Where councils arrange for schools or other bodies to carry out their functions on their behalf, the council remains responsible. Therefore councils should retain oversight and control to ensure their duties are properly fulfilled.

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What happened

12. I have included a summary of some of the key events in this complaint. This is not intended to be a comprehensive account of everything that took place.
13. In early January 2024, Miss X communicated with the school and the Council stating that Y was too unwell to attend school due to his health issues, including significant anxiety and fatigue.
14. In January 2024, Miss X spoke with the Council to explain her decision to keep Y at home and not send him back to school. During the conversation, Miss X indicated that Y may need a specialist school, and it was noted that the Council could not authorise or endorse Y’s absence from school without further evidence.
15. Between January and February 2024, Miss X continued to express concerns about Y’s health, and TAC meeting was arranged by the school. The purpose of the TAC was to address barriers to Y’s school attendance, though Miss X was dissatisfied with the school’s conduct during the meeting, particularly regarding their suggestion of removing Y from the school roll.
16. In February 2024, Miss X and her family disputed the requirement for medical evidence to justify Y’s absence from school. The Council maintained that the evidence at that time was insufficient and reiterated that the Occupational Therapist’s report did not provide the necessary support to request alternative educational provision.
17. In March 2024, Miss X provided a letter from Y’s GP, outlining his anxiety and difficulties in the school environment. However, the Council maintained that the letter did not suggest that Y was too unwell to attend school.
18. Between March and April 2024, the Council reviewed the medical evidence and communicated with the school regarding the steps being taken to support Y’s education. In early April 2024, Miss X formally requested a reassessment of Y’s educational needs, which was processed by the Council.
19. In April 2024, the Council received formal paperwork for the annual review of Y’s needs, which included a request for a statutory reassessment. The Council confirmed receipt of this paperwork but noted that a formal decision on the reassessment was delayed until the end of April 2024.
20. Later in April 2024, the Council communicated to Miss X that the reassessment of Y’s needs had been considered, but it was ultimately decided not to pursue a reassessment at that time. The Council acknowledges that it did not respond to Miss X within 15 days of the request. The Council advised Miss X of her right to appeal this decision to the First Tier Tribunal.
21. By the end of April 2024, after reviewing all the provided medical evidence, the Council decided to put in place alternative educational provision for Y through Provider A, an online educational provision. This was arranged as a temporary solution to support Y’s education while he remained at home due to his health issues.
22. In May 2024, Miss X raised concerns about the lack of communication from the LA regarding the application to Provider A and the progress in arranging the alternative provision. The Council responded, explaining that it had been working in partnership with the school and that the application to Provider A had been processed.
23. Throughout May and June 2024, the Council continued to review the situation, with a view to ensuring that the appropriate alternative provision was being put in place for Y.
24. In July 2024, Miss X continued to express dissatisfaction with the progress of the alternative provision and the Council’s handling of the case, noting delays and concerns about the adequacy of the support provided for Y’s health needs.
25. The LA responded, acknowledging delays in the process but asserting that it had followed appropriate procedures and acted in accordance with its statutory duties regarding school attendance and alternative educational provision.

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Analysis

26. In considering Miss X’s complaint regarding the Council’s failure to provide her son, Y, with alternative educational provision while he was unable to attend school due to health issues, I have reviewed the details of the case and the surrounding evidence. The crux of the complaint is the allegation that the Council did not appropriately consider evidence of Y’s ill health during the period of his non-attendance and failed to meet its statutory obligations to arrange suitable alternative education. According to section 19 of the Education Act 1996, local authorities are required to arrange suitable education for children who are unable to attend school due to illness or other reasons. The education provided must be tailored to the child’s individual needs, considering their age, ability, aptitude, and any special educational needs.

Health and Attendance Concerns

27. The central issue raised by Miss X is that the Council did not adequately consider evidence of Y’s ill health, particularly his anxiety and physical symptoms, which Miss X believed rendered him unable to attend school. However, the Council’s position is that, at the time of the initial request for alternative education, there was insufficient medical evidence to justify Y's inability to attend school due to health reasons. According to statutory guidance, including the Department for Education’s “Working together to improve school attendance,” the Council has discretion to assess whether a child’s health condition significantly impedes their ability to attend school. In this case, the Council evaluated the available medical evidence, reaching a view that it did not clearly indicate that Y was unable to attend school, and determined that additional clarification was needed to assess whether alternative education should be provided.
28. The Council, as part of its statutory duties under section 19 of the Education Act 1996, is required to assess whether a child’s health condition significantly impacts their ability to attend school. The DfE guidance on school attendance and alternative education provision states that the Council must consider the child’s individual circumstances and the extent to which the child’s health condition affects their ability to participate in full-time education. In very exceptional cases, where a medical condition impedes full-time attendance, a part-time timetable may be considered. However, the need for medical evidence is crucial, as it helps determine whether the home school is still able to meet the child’s needs, or whether alternative provision is necessary. In this case, the Council delayed providing alternative education until it could obtain sufficient medical evidence to confirm Y's condition.
29. The Council acted within its right to assess the medical evidence and rely on its professional judgment regarding Y’s health status. The decision to withhold alternative provision until further medical documentation and confirmation was received was not unreasonable in light of the evidence available at that time. There is no indication that the Council disregarded or ignored the concerns raised by Miss X; rather, it followed its established processes for determining whether alternative educational provision was warranted, exercising its professional judgement when considering the evidence before it.

Statutory Procedures

30. The Council followed statutory procedures regarding school attendance and the provision of alternative education. Councils are expected to consider individual circumstances carefully, ensuring that they consult relevant professionals and review all available evidence before taking action. The penalty notice issued to Miss X was in line with the legal requirements for addressing unauthorised absences, given that medical evidence was initially not considered sufficient. Once the Council received sufficient medical evidence, it moved promptly to make arrangements for alternative educational provision. While it is understandable that Miss X may have felt this process was delayed, the Council acted in accordance with its statutory responsibilities and the guidance on providing suitable education for children unable to attend school full-time.
31. While Miss X may have felt that her son’s health issues were not adequately considered, it is the Council's responsibility to make a professional judgment on the appropriateness of the evidence presented. The failure to immediately provide alternative education was not a failure to act but rather a result of the need for further evidence to justify such a provision under the framework. I understand that Miss X feels the evidence demonstrated that Y was too unwell to attend, but it is not for our service to comment on the professional judgement of the Council, as this is a view it was entitled to make.

Process and Communication:

32. Miss X also expressed dissatisfaction with the communication between the school and the Council, particularly regarding her limited involvement in some decision-making processes and the lack of updates on the status of the alternative provision request. While the Council’s response indicates that it was working in partnership with the school, the Department for Education (DfE) guidance stresses the importance of keeping parents informed and involved throughout the process. Effective communication is essential in these situations, as it helps ensure that parents are aware of decisions and understand the steps being taken. The Council could have been more proactive in keeping Miss X informed; timely communication is critical, as it can help manage parental expectations and reduce frustration. On this point, I have made a finding of fault.
33. Miss X has stated that she was not adequately informed about the progress of the alternative provision application. While the Council mentioned that it is usual for the school to inform the family when alternative provision is being arranged, on balance it appears that Miss X was left unaware of key developments, which understandably led to uncertainty and frustration. Furthermore, the Council failed to respond to Miss X's request for a reassessment of Y’s needs within the required 15-day timeframe, as it acknowledged its delay in the Stage 2 complaint response. This delay further compounded Miss X’s concerns, leading to a lack of confidence in the process. More proactive communication, including regular updates on both the alternative provision application and the reassessment request, would have been beneficial in managing Miss X’s expectations and reducing the confusion she experienced.

Summary

34. The Council acted in accordance with its professional responsibilities and the relevant statutory guidance. It reviewed the evidence at each stage of the process, consulted relevant professionals, and arranged for alternative educational provision once sufficient medical documentation was provided. While the decision to delay providing alternative education was a reasonable one based on the available evidence, in line with the Council’s duty to make informed decisions, I acknowledge that shortcomings in communication led to uncertainty and frustration that Miss X and Y experienced. I understand how the lack of clear and timely updates may have contributed to a sense of being overlooked, especially given the challenges Y was facing. On this point, I have proposed recommendations below.

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Agreed Actions

35. To prevent similar occurrences, and remedy injustice caused in this complaint, the Council will:
1. Issue a formal apology to Miss X for the frustration and distress caused by the lack of communication. The apology should be in line with our guidance on remedies.
2. Award Miss X a remedy of £200 in acknowledgement of injustice identified in this complaint, as above.
3. Review its communication strategy to ensure parents are regularly updated on the status of their child’s case, particularly when alternative educational provision is being considered. The Council should provide the Ombudsman with the outcome of its review and any proposed service changes.
36. The Council will complete action points a and b within one month of the Ombudsman’s final decision and action point c within two months of the Ombudsman’s decision.

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Final decision

37. We have concluded our investigation making a finding of fault. The evidence shows that the Council made a professional judgment regarding Y’s school attendance and alternative provision, and there is no indication that this was inconsistent with their obligations. However, I found that Miss X raised valid concerns about communication and timeliness, and the Council could have better communicated with Miss X to keep her informed. The Council has agreed to our recommendations.

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Investigator's decision on behalf of the Ombudsman