The Ombudsman's final decision
Summary: We will not investigate this complaint about free school meals because there is not enough evidence of fault to justify an investigation.
The complaint
Ms M complains her daughter G missed out on free school meals and the ‘holiday activities and food’ programme when she left nursery.
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, or there is no worthwhile outcome achievable by our investigation.
(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
Ms M’s daughter, G, was due to start school in September 2024. She has an education, health and care (EHC) plan maintained by the Council. Her EHC plan said she would attend a named mainstream primary school.
I understand Ms M was unhappy with the school named in G’s Plan and appealed to the SEND Tribunal.
G did not start school in September. Ms M says the school refused to admit her. The school said Ms M refused to enrol her.
Negotiations continued alongside Ms M’s appeal to the Tribunal. In February 2025, Ms M accepted a package of alternative provision from the Council.
In August 2025, Ms M complained to the Council. She said G had received free school meals when she was at nursery, but they had stopped when she left. She said the Council was aware of G’s circumstances and she believed the Council should have ensured she continued to receive her entitlement.
The Council responded at both stages of its complaints procedure. The Council accepted it was responsible for G’s free school meals from February 2025 when it began to arrange G’s education. The Council invited Ms M to submit a retrospective application.
Unhappy with the Council’s response, Ms M complained to us. She believes the Council should backdate G’s free school meals to when she left nursery. She does not think she should have to submit an application.
Councils are not responsible for free school meals unless they arrange education for a child other than at school (often known as EOTAS). In all other circumstances, schools themselves are responsible.
The Council was not responsible for G’s free school meals until February 2025 when it began to arrange education for G. The Council invited Ms M to submit a retrospective application for free school meals from February 2025. There is not enough evidence of fault to justify an investigation. If Ms M has not already done so, she should complete the application as suggested by the Council. There is no worthwhile outcome achievable by our involvement.
Final decision
We will not investigate Ms M’s complaint because there is not enough evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman