West Sussex County Council (23 016 582)

Statement Upheld Special educational needs 12-Mar-2024

Summary: We will not investigate Mrs X’s complaint about delays in the Education Health and Care Plan process. This is because the Council has agreed to an appropriate remedy for the delay.

Oxfordshire County Council (23 015 538)

Statement Closed after initial enquiries Special educational needs 12-Mar-2024

Summary: We cannot investigate Ms X’s complaint the Council did not consider her request for a personal budget. That is because the matter is not separable from her tribunal appeal.

Surrey County Council (23 015 727)

Statement Upheld Special educational needs 12-Mar-2024

Summary: We have upheld this complaint because the Council delayed carrying out an Education Health and Care needs assessment. The Council has agreed to resolve the complaint by offering to make a payment to the complainant to remedy the injustice this caused.

Southampton City Council (23 017 179)

Statement Closed after initial enquiries Special educational needs 12-Mar-2024

Summary: We cannot investigate Mrs X’s complaint about the cost of an occupational therapist’s report as its part of a Tribunal appeal. And there are no good reasons to disapply the late complaint rule about her claim the Council failed to provide sensory support.

Leeds City Council (23 002 078)

Statement Upheld Special educational needs 12-Mar-2024

Summary: Ms X complained the Council took too long to issue her son’s Education, Health and Care Plan and that communication from the Council was poor. We found fault because there was a significant delay issuing the plan which affected the education on offer to her son. Ms X suffered avoidable frustration and distress in getting the issues resolved and her son missed out on the education he should have received. The Council has agreed to apologise, make a payment to Ms X, issue reminders to relevant staff and consider reviewing some of its procedures.

London Borough of Hillingdon (23 004 223)

Statement Upheld Special educational needs 12-Mar-2024

Summary: Mrs X complained the Council failed to provide an education and specialist provision in line with her son, F’s Education, Health and Care (EHC) Plan since March 2023 when his named placement could no longer meet his needs. She said it also failed to issue F’s amended EHC Plan following an annual review. The Council was at fault. It agreed to apologise and make payments to recognise the impact on F’s education and the distress and uncertainty caused to Mrs X. It will also carry out service improvements.

Royal Borough of Windsor and Maidenhead Council (23 004 272)

Statement Upheld Special educational needs 12-Mar-2024

Summary: Mrs X complained on behalf of her son, Y, the Council failed to provide some provision set out in Y’s Education, Health and Care (EHC) Plan and failed to provide alternative education. The Council was at fault for not providing Y’s speech and language provision, not making a decision on a reassessment of Y’s needs and delay in making a decision to maintain Y’s EHC Plan following the annual review. The Council will apologise, pay Mrs X £1000 for the lost provision and uncertainty caused and put service improvements in place for the faults identified.

Surrey County Council (23 007 307)

Statement Upheld Alternative provision 12-Mar-2024

Summary: Mrs X complains the Council failed to provide her daughter Y with suitable alternative education from November 2021 until July 2022. We find fault with the Council for delay in issuing the Education, Health and Care Plan and for failing to arrange alternative provision for Y, causing Mrs X frustration and distress. We have agreed a financial remedy for the injustice.

Northumberland County Council (23 008 776)

Statement Upheld Special educational needs 12-Mar-2024

Summary: Mr X complained about poor communication, delays, and a lack of transparency within the Council’s SEN team regarding his son’s EHC plan and arrangements for a school place. The delay in the EHC Plan process and failings in the Council’s communication with Mr X is fault. This fault has caused Mr X an injustice.

Norfolk County Council (23 008 888)

Statement Upheld Special educational needs 12-Mar-2024

Summary: X complained the Council failed to provide the signing support provision in their Education Health and Care Plan. We have found fault by the Council, causing injustice, in failing to deliver this support, and also in failing to communicate sensitively with X about its proposal to remove the provision and properly consider its Equality Act duties. The Council has agreed to remedy this injustice by apologising to X, making a payment to reflect the distress and uncertainty caused and the impact of the missed provision.