Summary: We will not investigate this complaint about the alternative provision offered by the Council and its decision not to fund Mrs X’s choice of provision. This is because we are unlikely to find fault in the Council’s actions.

The complaint

1. Mrs X complains that alternative provision offered by the Council was unsuitable for her child, Y. As a result, she enrolled Y with a different provider. Mrs X says the Council refused to fund this provision, so she funded this placement herself between April and July 2024, which has caused financial loss. She wants the Council to refund her costs.

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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 (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. Under section 19 of the Education Act 1996 councils have a duty to make arrangements for the provision of suitable education, at school or otherwise, for children who, because of illness or other reasons, may not receive suitable education unless such arrangements are made for them.

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How I considered this complaint

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

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My assessment

6. Y could not attend mainstream school due to health issues between March 2024 and August 2024. The Council accepted it had a section 19 duty in March 2024 and offered alternative provision it considered suitable for Y’s needs. This provision was Ofsted-registered.
7. Mrs X disagreed that the Council’s provider was suitable and, in April 2024, told the Council that she had enrolled Y with a different provider. The Council accepted this however stated it would not fund this placement as it was not Ofsted registered, and a suitable alternative provision had already been offered. Mrs X told the Council Y had started at her preferred provider and she had decided to fund it privately for a term. She now seeks reimbursement for her costs from April 2024 to August 2024.
8. We will not investigate this complaint because we are unlikely to find fault in the Council’s actions. The Council appears to have fulfilled its legal duty by offering what it considered to be suitable alternative provision for Y’s needs. It was Mrs X’s choice to enrol Y with her preferred provider instead, and the Council told her at the time it would not fund this provision. Therefore, we will not investigate because there is insufficient evidence of fault in its decision that it will not refund her costs.

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Final decision

9. We will not investigate Mrs X’s complaint because we are unlikely to find fault in the Council’s actions.

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Investigator's decision on behalf of the Ombudsman