Royal Borough of Windsor and Maidenhead Council (22 012 931)
Category : Education > Alternative provision
Decision : Closed after initial enquiries
Decision date : 19 Jan 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the provision of alternative educational provision for the complainant’s daughter. This is because it is unlikely investigation would lead to a different outcome.
The complaint
- The complainant, who I will refer to as Miss X, complains that the Council failed to provide alternative education for her daughter, causing distress and financial loss.
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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X says that, for a period in 2019 and 2020, her daughter was denied educational provision to which she was entitled. She complains that, although her daughter suffered from school phobia, the Council failed to arrange alternative provision.
- In response to the complaint, the Council has agreed to reimburse the cost of online provision, and to pay Miss X £100 in recognition of the time and trouble she was put to. Miss X does not believe this recognises the distress and financial hardship she suffered.
- The Ombudsman will not investigate Miss X’s complaint. This is because the remedy the Council has offered is reasonable and proportionate, and it is unlikely investigation by the Ombudsman would lead to a significantly different outcome. Our intervention is not warranted.
Final decision
- We will not investigate Miss X’s complaint because it is unlikely investigation would lead to a different outcome.
Investigator's decision on behalf of the Ombudsman