Summary: We will not investigate this complaint about how the Council dealt with a child’s education provision. This is because, there is either no evidence of fault, further investigation would not lead to a different outcome or because the complaint had a right of appeal to a tribunal that it was reasonable for them to have used.

The complaint

1. Mr X complains that the Council has failed to arrange suitable education provision for his child.

Back to top

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
• further investigation would not lead to a different outcome.

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

3. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
4. The First-tier Tribunal (Special Educational Needs and Disability) considers appeals against council decisions regarding special educational needs. We refer to it as the SEND Tribunal in this decision statement.

Back to top

How I considered this complaint

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

Back to top

My assessment

7. Mr X’s child (Z) has Special Educational Needs and therefore has an Education Health and Care (EHC) plan. In October 2022, an annual review was held, and it was decided that Z would continue to attend his current school.
8. In March 2023 a further review was held, and the school said it could not meet his needs. Between March 2023 and the end of the school year, the school recorded Z as being out of education for “other” reasons.
9. The Council issued a final amended EHC plan in August 2023 and a further amended plan naming a school for September 2024 in June 2024. Alternative education provision was arranged from September 2023.
10. I will not investigate Mr X’s complaint. The Council accepts that it should have arranged alternative education provision for Z between March and July 2023. It has offered Mr X a payment of £900 to remedy the injustice caused by its failure to arrange this provision. The payment is in line with our guidance on remedies and therefore further investigation into this element of Mr X’s complaint would not lead to a different outcome. The Council did not have a duty to arrange alternative provision prior to March 2023, and therefore we could not find it at fault for not doing so.
11. Mr X had a right of appeal to the SEND Tribunal about the placement named in the EHC plans issued in August 2023 and June 2024. It would have been reasonable for him to have used this right of appeal and therefore the education provision for Z from August 2023 falls outside of our jurisdiction.
12. Mr X also complains that the Council failed to pay for free school meals and equipment, such as stationary, whilst Z was home schooled. The Council doesn’t have a duty to provide such equipment so we cannot find it at fault for not doing so. Mr X contacted the school about free school meals, and it agreed that Z was entitled to them, so made appropriate arrangements. Further investigation into this point would not lead to a different outcome.

Back to top

Final decision

13. We will not investigate Mr X’s complaint because there is either no fault, a right of appeal to a tribunal or because further investigation would not lead to a different outcome.

Back to top

Investigator's decision on behalf of the Ombudsman