The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council not providing alternative education to the complainant’s children. This is because there is not enough evidence of fault by the Council.
The complaint
The complainant, Ms X, complained the Council did not provide her children with alternative education when she withdrew from school.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
Background
Ms X withdrew her two children from school in November 2021. She says this was due to various failings by the school over a long period. Ms X wrote to the Council to explain this. She said her children were too unwell to attend their previous school but she would like places at an alternative mainstream school.
The Council responded to Ms X. It said it could not deal with her concerns about her children’s previous school because it is an academy. The Council explained the process for applying for places at an alternative school. It said there were no places at Ms X’s preferred school, but it had placed her children on the school’s waiting list. It explained the appeals process and gave Ms X details of schools with spaces.
Assessment The Education Act 1996 states that education authorities must make suitable educational provision for children of compulsory school age who are absent from school because of illness, exclusion or otherwise.
Ms X’s reasons for withdrawing her children from school are clear. I understand why she felt their previous school could not meet their needs. But we will not start an investigation into Ms X’s complaint.
In her complaint to the Council, Ms X asked for a place at an alternative mainstream school. The Council provided information on the application and appeals process and schools with places. The Council was not given evidence Ms X’s children were too unwell to attend school – but instead the reasons why they could not attend their previous school.
So, if we were to investigate Ms X’s complaint, it is unlikely we would say the Council had failed in its duty under the Education Act 1996. We will not therefore investigate.
Final decision
We will not investigate Ms X’s complaint because there is not enough evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman