The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council failing to offer Ms X’s child a suitable education after his exclusion from a school. There is insufficient evident of fault to warrant investigation.
The complaint
Ms X said there was a flagrant refusal or failure by the Council to offer her child a suitable place of learning after he was excluded 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.
My assessment
A council with education responsibilities must offer full-time education to a child absent from school by reason of exclusion. They do not have to comply with parental preference. The complaint correspondence shows the Council offered Ms X a school after her child’s exclusion from his previous school. This offer met its duty. That Ms X refused the offer several times over a period of six months did not oblige the Council to offer a place at the private school Ms X preferred.
Final decision
We will not investigate Ms X’s complaint because there is not enough evidence of fault in the Council’s actions to warrant it.
Investigator's decision on behalf of the Ombudsman