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Category : Education > Special educational needs

Decision : Upheld

Decision date : 05 Oct 2017

Summary

The council is at fault for delaying in issuing a boy's plan for Special Educational Needs support, and ensuring the support detailed in the plan was provided.

The complaint

Mrs X complains about the council’s actions in assessing her son Y’s special educational needs and putting provision named in Y’s Education, Health and Care Plan (EHC Plan) in place. She also complains about the council’s subsequent handling of her complaint.

Finding

The Ombudsman upheld the complaint and found fault causing injustice.

Recommendations

To remedy the injustice caused, the council has agreed to:

  • arrange a review of Y’s EHC Plan
  • apologise to Y and Mrs X
  • pay £1,500 to Mrs X for Y’s educational benefit
  • pay £300 to Mrs X to acknowledge the frustration, time and trouble and uncertainty its faults caused her
  • measure the impact of the steps it has taken to meet the timescales required to finalise EHC Plans and annual reviews
  • put in place measures to identify when annual reviews are outstanding and take action to ensure they are completed within 12 months of the last review
  • monitor whether young people are receiving the support specified in section F of their EHC Plans

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