Summary: We will not investigate this complaint that the Council is failing to make alternative educational provision for the complainant’s son when he is out of school due to exclusion. This is because there is no evidence of fault on the Council’s part.

The complaint

1. The complainant, Ms X, complains that the Council is failing to make alternative educational provision for her son when he is out of school due to exclusion.

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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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X says her son has been repeatedly excluded from school for fixed terms. She says his education is suffering. She wants the Council to provide him with alternative provision while he is out of school and complains that it has not.
6. The evidence Ms X has provided shows that the Council is carrying out and Education Health and Care Needs Assessment of her son. An Education Health and Care plan had not been issued at the point at which she complained.
7. The Ombudsman will not investigate Ms X’s complaint. The Council’s duty to make alternative provision, set out in Section 19 of the Education Act 1986, applies when a pupil has been permanently excluded. Where a pupil is subject to fixed-term exclusions, that duty is not engaged. There is therefore no evidence of fault on the Council’s part and no grounds for us to investigate.

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Final decision

8. We will not investigate Ms X’’s complaint because there is no evidence of fault on the Council’s part.

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Investigator's decision on behalf of the Ombudsman