The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about the Council failing to provide Alternative Provision. This is because there is not enough evidence of fault.
The complaint
Mrs X complains the Council has not provided her son with Alternative Education. She wants compensation for the lost education and an apology.
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 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 (Local Government Act 1974, section 24A(6), as amended, section 34(B)).
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X removed her son from school in January. She says the school were forcing him to change his own continence products, which was traumatic for her son. Mrs X asked the Council to provide her son with Alternative Education.
The Council considered how the school manages personal care and the views of various professionals. It concluded there was no reason Mrs X’s son could not continue to attend his school.
I will not investigate this complaint. If the Council followed its process correctly, we cannot question that decision even if a complainant disagrees with the decision made.
Final decision
We will not investigate Mrs X’s complaint because there is insufficient evidence of fault.
Investigator's decision on behalf of the Ombudsman