London Borough of Lewisham (20 010 899)

Statement Upheld Special educational needs 27-Jan-2022

Summary: Miss X complained the Council failed to provide her son, F with an education in line with his Education, Health and Care (EHC) Plan and then delayed issuing an amended EHC Plan in 2020. The Council was at fault. It failed to use reasonable endeavours between May and July 2020 to provide F with education in line with his Plan. It then failed to issue his amended EHC Plan in line with statutory timescales following an annual review in March 2020. The Council had already offered Miss X a total of £1,000 to remedy the injustice caused to her and F which was insufficient to remedy the injustice we have identified. The Council agreed pay Miss X a further £250.

Warwickshire County Council (21 013 128)

Statement Closed after initial enquiries Special educational needs 25-Jan-2022

Summary: We will not investigate this complaint about alternative education provision and a Council officer contacting Mrs X’s child’s doctor. These matters are not separable from the differing views about the content of the child’s Education Health and Care Plan, which is for the Special Educational Needs and Disability Tribunal.

Suffolk County Council (21 001 672)

Statement Upheld Special educational needs 25-Jan-2022

Summary: There was fault as the Council failed to monitor that Miss X’s son had suitable educational provision while he was out of school. A payment of £2250 remedies the loss of provision and time and trouble for Miss X and her son. The Council did tell Miss X of her right of appeal to the SEND tribunal against the school named in the Education, Health and Care plan. So, there is no fault in relation to her complaint that the Council provided false information which meant she did not appeal.

Hertfordshire County Council (21 002 679)

Statement Upheld Special educational needs 21-Jan-2022

Summary: Miss X complained the Council failed to provide her son, F, with a suitable full-time education and provision in his Education, Health and Care (EHC) Plan between May 2019 and October 2021. The Council was not at fault for failing to provide suitable education as it offered F a school place, but Miss X decided to remove him from school and home educate him. The Council was at fault for a delay in issuing a decision letter following an annual review of F’s EHC Plan in May 2019. It was also at fault for failing to ensure the educational provision Miss X provided for F at home was suitable. The Council agreed to apologise and pay Miss X £300 to recognise the frustration and uncertainty this caused.

Leeds City Council (21 013 520)

Statement Closed after initial enquiries Special educational needs 20-Jan-2022

Summary: We will not investigate this complaint about education other than at school and Mrs X’s son’s special educational needs. The matters complained of are not separable from the question of what educational provision is most suitable for him, which is for a Tribunal to decide.

Worcestershire County Council (20 013 656)

Statement Upheld Special educational needs 18-Jan-2022

Summary: Mrs X complains the Council has not dealt with her daughter Miss Y's education properly. The Council is at fault because it did not make alternative education provision, did not consider Miss Y’s special educational needs properly and did not follow its complaints procedure. Mrs X suffered distress and Miss Y missed educational provision and special educational needs provision. The Council should apologise and pay Mrs X £500 for distress and £1200 in respect of missed provision.

East Sussex County Council (21 013 466)

Statement Closed after initial enquiries Special educational needs 17-Jan-2022

Summary: We cannot investigate this complaint about the Council’s response to an appeal to a Tribunal. This is because the fact that the complainant appealed places the matter outside the Ombudsman’s jurisdiction.

Lincolnshire County Council (21 012 516)

Statement Closed after initial enquiries Special educational needs 17-Jan-2022

Summary: We will not investigate this complaint about the Council’s assessment of Miss X’s child’s special educational needs. The matters complained of are not separable from the content of the child’s Education Health and Care Plan, as appealed to a Tribunal.

Kent County Council (21 002 970)

Statement Upheld Special educational needs 14-Jan-2022

Summary: the complainant Ms X complained the Council failed to provide suitable educational provision for her child or offer any alternative provision once he reached compulsory school age. The Council says it provided suitable educational provision but did not issue an amendment as early as it should. We found the Council at fault. The Council agreed to apologise, pay £200 in recognition of the distress caused and to share the decision with staff to improve services.

Kent County Council (19 016 053)

Statement Upheld Special educational needs 12-Jan-2022

Summary: There was delay by the Council in putting provision in place for B’s Education, Health and Care Plan. The Council has agreed a remedy.