Mrs W complained about whether prior to and from 1 April 2023 Newport City Council (“the Council”) failed to meet its statutory obligations in providing education other than at school (“EOTAS”) and additional learning needs (“ALN”) to her daughter, Child B.
The Ombudsman’s investigation found that the Council failed, between April 2021 and April 2023, to record clearly why its statutory obligations under s19 of the Education Act 1996 in providing EOTAS for Child B were not engaged and the reasons for its decision. This was maladministration and this element of the complaint was upheld to this limited extent.
Once the Council was made aware of Child B’s ALN on 1 April 2023, it followed relevant legislation and guidance in issuing her Individual Development Plan. This part of the complaint was not upheld.
The Council agreed to apologise to Mrs W, remind its education staff to record when its duties under s19 are engaged, or when they are not, and to detail its reasoning behind the decisions made. The Council also agreed to conduct a dip sample of its EOTAS cases from April 2021 to determine whether decisions around its s19 duties were recorded appropriately.