Brighton & Hove City Council: the register
Ruling 25 004 438
Folio 108
Finding: Fault found
- Finding recorded by the ombudsman
- Upheld
- Service
- Education: Special educational needs
- Council
- Brighton & Hove City Council
- Body
- Local Government and Social Care Ombudsman
- Decided
- Summary
-
Ms X complained the Council failed to provide alternative provision when her child, Y, was unable to attend school. We find the Council at fault for failing to consider whether Y required alternative provision. This caused distress and frustration for Y and Ms X, and meant Y missed education. The Council has agreed to apologise, make a symbolic payment and make service improvements 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 Y and Ms X for the injustice caused by the faults identified.Deadline as worded: Within one month of the final decision |
Deadline passed 23 February 2026. Outcome not published. | None | No outcome published by the ombudsman | ||
| 2 | PaymentMake a symbolic payment of £2,600 to Y and Ms X for the delay in completing the EHC needs assessment, the loss of education caused by the Council’s failure to consider its duty to provide education under section 19 of the Education Act, and the Council’s failure to secure special educational provision between July and September 2024.Deadline as worded: Within one month of the final decision |
Deadline passed 23 February 2026. Outcome not published. | £2,600.00 | No outcome published by the ombudsman | ||
| 3 | Service changeEnsure it has a process in place which considers the full scope of the Council’s section 19 duty to provide access to suitable, full-time education for children who are unable to attend school because of exclusion, illness or otherwise.Deadline as worded: Within three months of the final decision |
Deadline passed 23 April 2026. Outcome not published. | None | No outcome published by the ombudsman | ||
| 4 | Service changeEnsure its relevant staff are aware of the Council’s section 19 duty and the correct process to follow when it becomes aware a child is not accessing education.Deadline as worded: Within three months of the final decision |
Deadline passed 23 April 2026. Outcome not published. | None | No outcome published by the ombudsman | ||
| Stated payments ordered | £2,600.00 | Outcomes published by the ombudsman: none | ||||