Brighton & Hove City Council: the register
Ruling 23 018 882
Folio 234
Finding: Fault found
- Finding recorded by the ombudsman
- Upheld
- Service
- Education: Alternative provision
- Council
- Brighton & Hove City Council
- Body
- Local Government and Social Care Ombudsman
- Decided
- Summary
-
Mrs D complained the Council did not complete an Education, Health and Care needs assessment for her child within legal timeframes. She also complained the Council failed to provide alternative provision support for them when they stopped attending school. We found the Council at fault for not properly considering its duties for alternative provision. The Council has agreed to our recommendations to remedy the injustice caused.
Summary as published by the Local Government and Social Care Ombudsman.
Remedies
Words in quotation marks are quoted from the ombudsman’s decision.
States worked out on 9 October 2026.
The ombudsman publishes no entry for a remedy.
| Ordered | Outcome publishedThe ombudsman publishes no entry for a remedy. | |||||
|---|---|---|---|---|---|---|
| No. | What was ordered | Deadline | Payment | Date | Entry | Payment |
| 1 | ApologyApologise to Mrs D in writing (in line with our guidance on making an effective apology) for the injustice caused by the faults identified;Deadline as worded: Within one month of the final decision |
Deadline passed 10 November 2024. Outcome not published. | None | No outcome published by the ombudsman | ||
| 2 | PaymentPay Mrs D a symbolic payment of £150 to recognise her frustration and distress caused; andDeadline as worded: Within one month of the final decision |
Deadline passed 10 November 2024. Outcome not published. | £150.00 | No outcome published by the ombudsman | ||
| 3 | PaymentPay Mrs D a symbolic payment of £1,200 to recognise the impact to Y for the lack of provision between June and December 2023. This can be used for Y’s educational benefit.Deadline as worded: Within one month of the final decision |
Deadline passed 10 November 2024. Outcome not published. | £1,200.00 | No outcome published by the ombudsman | ||
| 4 | Service changeSend written reminders to relevant staff of the Council’s responsibilities under Section 19 of the Education Act when it is made aware a child is not attending school. With these reminders, it should share a copy of our “Out of school, out of sight?" focus report, highlighting key points to ensure officers are aware of the factors they should consider when a request for alternative provision is made.Deadline as worded: Within three months of the final decision |
Deadline passed 10 January 2025. Outcome not published. | None | No outcome published by the ombudsman | ||
| Stated payments ordered | £1,350.00 | Outcomes published by the ombudsman: none | ||||