Local Government Lawyer

London Borough of Tower Hamlets Vacancies

Government Legal Department Vacancies

The Local Government and Social Care Ombudsman has published new guidance to help councils better support children who are unable to go to school, after seeing an “exponential rise” in complaints involving alternative education provision.

The guidance, published yesterday (30 October), aims to help councils avoid some of the common mistakes found in the Ombudsman’s casework.

It notes that the main ways councils can do this, is by:

  • acting decisively – making prompt and clear decisions on whether it owes a duty to provide alternative education;
  • taking a person-centred approach to support – showing how they have considered the individual needs of children;
  • ensuring there are clear channels of communication;
  • handling complaints effectively.

The Ombudsman observed that over the past three years, its caseload has increased tenfold with 38 cases investigated in 2021-22, compared with 400 in 2024-25.

It said: “Many of the cases now involve children facing challenges attending school because of anxiety, while a large proportion also involve children and young people with special educational needs.”

The new guide shares evidence of where the Ombudsman has seen good practice, demonstrating the “positive impact” that good administration has on local services.

Amerdeep Clarke, Local Government and Social Care Ombudsman, said: “We are seeing increasing numbers of families struggling to get the support their children need. Councils are under immense pressure, particularly because of the strain the special educational needs system is under not just locally but nationally.

“A report we issued in 2022 highlighted the serious concerns we had about the impact on children’s future potential when they are denied access to education. Sadly, the situation has not improved since then.

“However, by sharing both poor and good practice from our investigations in a short guide, we hope we can help officers making complex decisions in an increasingly pressurised environment. By getting the basics right, there is much that can be done to improve the experience of families whose children can no longer attend formal schooling.”

Lottie Winson

Sponsored articles

LGL Red line

Unlocking legal talent

Jonathan Bourne of Damar Training sets out why in-house council teams and law firms should embrace apprenticeships.