Summary: We will not investigate Mrs X’s complaints about the Council’s Elective Home Education team’s involvement with her children. Part of the complaint is late. For the rest of the complaint, there is insufficient evidence of fault and no additional outcome achievable by the Ombudsman.

The complaint

1. Mrs X complained about the Council’s Elective Home Education Team’s involvement with her children, including how the Council recorded the range of education she provided to them.
2. Mrs X says the matter caused her distress and frustration.

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The Ombudsman’s role and powers

3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council/care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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:

• there is not enough evidence of fault to justify investigating, or
• further investigation would not lead to a different outcome, or
• there is no worthwhile outcome achievable by our investigation.

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

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. We will not investigate Mrs X’s complaints about the Council’s Elective Home Education team’s involvement with her family.
8. Mrs X originally complained in 2023 and the Council’s original final response was dated early April 2023. Mrs X came to the Ombudsman in May 2024. Therefore, this complaint is late. I have seen no good reason Mrs X could not have complained to the Ombudsman sooner, and so we will not investigate matters that happened before May 2023.
9. Mrs X complained again to the Council in June 2024. The complaints included issues about how the Council evaluated and recorded whether Mrs X’s children received a suitable home education.
10. Based on the information seen, there is insufficient evidence of fault in the Council’s actions to warrant an investigation by the Ombudsman. The Council made enquiries about the type of education Mrs X’s children received. Mrs X felt the Council did not consider and record the breadth of the education she provided.
11. The Council acknowledged the alternative ways Mrs X demonstrated how her children are educated, but explained it required additional evidence to satisfy itself the children were receiving a broad suitable education. There is insufficient evidence of fault in the Council’s actions, and so we will not investigate this complaint.
12. In any case, in its final complaint response the Council told Mrs X it would place a note on her children’s files demonstrating her disagreements and views about how she provides her children an education. Further investigation into this matter is unlikely to achieve any additional outcome, and so we will not investigate this complaint.

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Final decision

13. We will not investigate Mrs X’s complaints. Part of the complaint is late. For the rest of the complaint, there was insufficient evidence of fault and no additional outcome achievable by an investigation.

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Investigator's decision on behalf of the Ombudsman