Summary: We will not investigate this complaint about delays in the Council finding a school placement for Miss X’s son. She says her son has received no education or special educational provision since moving to the area. This is because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused by the faults accepted.

The complaint

1. Miss X complains about delays in the Council finding her son a school placement. She says her son has received no education or special educational provision since moving to the area in April 2022.

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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 an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)

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How I considered this complaint

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

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My assessment

5. Miss X’s son, B, has an Education, Health, and Care (EHC) plan. Miss X moved to the Council’s area in 2022. Miss X said she asked the Council to find B a school place, but it did not do so, and B has not received any education.
6. During its complaint investigation, the Council accepted it had not met its duty to ensure B received a suitable education, and that it had failed to communicate appropriately with Miss X. The Council accepted it provided no educational provision, or special educational provision, between June 2022 and January 2023. From February 2023 onwards, the Council had arranged for B to receive three hours a week of tuition.
7. The Council also confirmed it had secured a school placement for B to start in September 2023. For the rest of the academic year, the Council will continue to provide the three hours of tuition a week. The Council said it had offered to increase the tuition hours at home, but Miss X declined as she wanted a tutor for outside the home. The Council confirmed it was sourcing a tutor for this.
8. The Council made Miss X the following remedy offer:
• £350 per month to recognise the impact of the loss of educational provision between June 2022 and January 2023 (eight months). A total of £2800.
• £250 per month to recognise the impact of the loss of full-time educational provision between February and May 2023 (four months). A total of £1000.
• £400 to acknowledge the impact of the poor communication.
9. Having considered the evidence, I consider a higher monthly remedy payment is appropriate in the circumstances. This is because between June 2022 and January 2023, the Council accepted B received no educational provision at all. Further, it is also likely because of this he did not receive any of the special educational provision as outlined in his EHC plan. Given this, I am satisfied £500 per month is more appropriate to remedy the impact of the loss of education. The total remedy for this period is £4000.
10. Likewise, I consider £400 per month is more appropriate to remedy the impact of the loss of education for the period February to May 2023. This is because I note the Council only arrange three hours a week of tuition and this is unlikely to be considered full time education. There is also some uncertainty as to whether the child is received the special educational provisions, as set out in his EHC plan, during this period. The total to pay for this period is £1600.
11. I am satisfied the Council’s offer of £400 to recognise the impact of the poor communication to be appropriate.
12. We therefore asked the Council to consider the above remedy to resolve the complaint early.

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Agreed action

13. To its credit, the Council agreed to resolve the complaint and will complete the above within four weeks of the final decision statement.

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Final decision

14. We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Miss X and B.

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Investigator's decision on behalf of the Ombudsman