Summary: We will not investigate Miss X’s complaint about the Council’s decision to close her son’s school because there is not enough evidence of fault. And we will not investigate her complaint the Council did not update her son’s Education, Health and Care Plan because there is no significant injustice.

The complaint

1. Miss X complains the Council failed to follow proper procedures during the consultation about the closure of her son’s school. Miss X has asked the Council to reverse its decision to close the school. She says the Council delayed in arranging an alternative placement for her son, and did not update his Education, Health and Care Plan (EHCP) to reflect the change of school.

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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 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
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organization.

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

3. 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)

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How I considered this complaint

4. I considered information provided by Miss X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The government provides statutory guidance for proposers and decision makers about school closures (Opening and closing maintained schools, 2024) and general consultation guidelines (Consultation principles, 2018).
7. Miss X complains during the consultation period she received an email showing the Council had already decided to close the school. The Council noted the email had not come from decision makers and so it could not be said it had already made a decision. The Council referred to case law in support. . There is not enough evidence of fault.
8. Miss X complains the Council delayed starting the consultation, so parents did not have time to find new schools before the closure in August 2024. The statutory guidance says decision makers can choose the nature and duration of a consultation. It also recommends consultations about schools begin during term time, and it did. The Council confirmed all students had new school placements agreed before the school closed. There is not enough evidence of fault.
9. Miss X says the Council discriminated against parents with additional needs. However, the Council made support available to parents, such as paper copies of documents and translators. This is in line with the statutory guidance to engage with all relevant parties in a consultation. There is not enough evidence of fault.
10. Miss X says the consultation report contained errors in relation to the number of admissions. However, the Council has given evidence the report was accurate and provided detail about the number of applications received and pupils that had been admitted to the school that year. I am satisfied that further investigation would not add to the response already given by the Council.
11. There is not enough evidence of fault in how the Council handled the consultation or decided to close the school. Therefore I will not investigate this complaint.
12. Miss X also complains the Council failed to identify a new school placement for her son and update his EHCP to reflect the new school. The Council agreed a new school in July 2024, told Miss X and, confirmed it would name this in her son’s EHCP. There is no significant injustice as the Council made arrangements before the former school closed , and before the start of the new academic year in September 2024. I will therefore not investigate this complaint.

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Final decision

13. We will not investigate Miss X’s complaint because there is not enough evidence of fault in the Council’s decision to close her son’s school. And because any delay in the Council updating her son’s EHCP did not cause significant injustice.

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Investigator's decision on behalf of the Ombudsman