The Ombudsman's final decision
Summary: Mr F complains his son, B, has been out of school for two and a half years and the Council has refused to make alternative arrangements for his education. I have discontinued my investigation as the Council has now begun legal proceedings against Mr F in respect of B’s non-attendance.
The complaint
Mr F complains his son, B, has been out of school for two and a half years and the Council has refused to make alternative arrangements for his education.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’.
We may decide not to continue with an investigation if we think the issues raised could reasonably be mentioned as part of legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
How I considered this complaint
I have considered information provided by Mr F and the Council. I invited Mr F and the Council to comment on my draft decision.
What I found
Mr F’s son, B, has not attended school since autumn 2021.
Mr F asked the Council to make alternative arrangements for B’s education. The Council refused.
Mr F complained to the Council. The Council responded at both stages of its complaints procedure. The Council did not uphold his complaint.
The Council’s final complaint response said the Council was considering court proceedings against Mr F in respect of B’s non-attendance.
Unhappy with the Council’s response, Mr F complained to the Ombudsman.
I understand proceedings have now begun.
Whether B should attend school, or whether the Council should make alternative arrangements, are different ways of looking at the same problem. The Court will decide whether B should attend school.
Mr F can mention in Court why he believes the Council should make alternative arrangements for B’s education. It is important that Mr F gives all his attention to the prosecution. The Court takes precedence.
I will not, therefore, continue with my investigation.
Mr F may make a new complaint to the Ombudsman once proceedings have concluded. If he does, we will have to re-consider whether we are able to investigate in light of the judgement.
Final decision
I have discontinued my investigation as the Council has now begun legal proceedings against Mr F.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman