The Ombudsman's final decision
Summary: We have discontinued our investigation into Miss X’s complaint about the Council’s failure to secure alternative provision for her son when he was excluded from school. The Council acknowledged its failure and offered Miss X a remedy in line with our guidance on remedies which Miss X accepted. Further investigation would not lead to a different outcome.
The complaint
Miss X complained the Council did not secure alternative provision for her son, Y when he was permanently excluded from school. She also complained about other issues related to Y being out of school.
The Ombudsman’s role and powers
It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended) 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: we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered evidence provided by Miss X and the Council as well as relevant law, policy and guidance.
Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
What I found
In September 2023, Miss X’s son, Y was permanently excluded from school. Seven weeks later, the Council secured home tuition for Y only engaged with this for a week.
From January to March 2024, the Council secured alternative home tuition for Y. When this ended, Miss X complained to the Council.
In the Council’s final response in August 2024, it acknowledged that it had failed to secure a complete package of alternative provision for Y. It offered a financial remedy of £2747 in recognition of 29 weeks of missed education as well as £100 to Miss X for the time and trouble it had taken her to complain.
Miss X accepted the remedy payment offered by the Council.
The remedy offered by the Council was in line with our guidance on remedies. Further investigation is unlikely to result in a different outcome. I have discontinued my investigation.
Decision I have discontinued my investigation. Further investigation would be unlikely to result in a different outcome.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman