Summary: We will not investigate Mrs X’s complaint that the Council’s remedy offer to recognise her child’s missed education is insufficient. This is because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

The complaint

1. Mrs X complains the Council’s remedy offer to recognise her child’s missed education is insufficient.

Back to top

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 provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

5. 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.
6. Mrs X said the Council was aware of her child’s attendance issues from December 2023 onwards. However, the Council said it had referred the child to an engagement centre and that this was an appropriate offer at the time. We accept it was reasonable for the Council to have waited for the outcome of this referral before it could decide if further action was necessary
7. I note Mrs X could have told the Council that the engagement centre was not a suitable option earlier. However, the Council accepted it should have kept the case under review to ensure an appropriate education offer was being provided. Therefore, there was missed opportunity for it to have considered its section 19 duties earlier and to explore alternative options.
8. I am satisfied if not for this fault, the Council would likely have been aware that the referral to the engagement centre had not been successful from February 2024.
9. We would usually allow the Council a reasonable period to identify and arranged alternative provision, usually around four weeks. Therefore, I am satisfied the Council should have provided alternative provision from the end of February /early March 2024.
10. It is acknowledged the Council offered tuition to the child in May 2024. However, Mrs X declined this and provided reasons for why the offered provision was not suitable for her child. The Council then did not secure any alternative provision until mid-July 2024. Therefore, I am satisfied the child did not receive any suitable educational provision for a term and a half (end of February/early March to July 2024).
11. The Council made a remedy offer of £1350 to recognise the impact of the loss of education. This appears to be based on a payment of £900 per term. However, I am satisfied a higher remedy payment per term would be appropriately in the circumstances.
12. We therefore asked the Council to make a payment of £1200 per term, a total of £1800. In deciding on the remedy amount, I considered the following:
• The fact the child received no educational provision at all for a term and a half.
• That while the child did not appear to have an education, health, and care plan, the child was being assessed.
• That Mrs X had acknowledged full time education was not likely to have been in her child’s best interest.
• That the child was not in a crucial period of their school career.
13. The Council also offered £250 to recognise the distress and time and trouble caused. I am satisfied this was an appropriate offer.
14. The total payment to be made is £2050.

Back to top

Agreed action

15. The Council agreed to resolve the complaint and will complete the above within four weeks of the final decision.

Back to top

Final decision

16. We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

Back to top

Investigator's decision on behalf of the Ombudsman