Wirral Metropolitan Borough Council (19 020 368)

Statement Closed after initial enquiries Special educational needs 28-Mar-2020

Summary: The Ombudsman cannot investigate Ms X’s complaint about her son’s special educational needs and the Council’s evidence at the Special Educational Needs Tribunal. Ms X’s complaint is outside the Ombudsman’s jurisdiction because Ms X has appealed to the Tribunal.

Suffolk County Council (19 008 771)

Statement Not upheld Special educational needs 24-Mar-2020

Summary: Mrs X complains about the Council’s assessment of her son’s education, health and care needs, and the way it dealt with her complaint. She says the Council failed to obtain relevant advice from professionals so the education, health and care plan was not fit for purpose. She says she was forced to get a private assessment and was forced to appeal the plan at tribunal. Mrs X says this caused stress and distress, and cost her time and trouble. The Ombudsman does not find the Council at fault. The Ombudsman cannot investigate the parts of Mrs X’s complaint about the education, health and care plan because Mrs X had a right to appeal to a tribunal and we therefore have no discretion to investigate.

Cumbria County Council (19 008 965)

Statement Upheld Special educational needs 23-Mar-2020

Summary: Ms X complained the Council has not adequately met her children, D and E’s special educational needs. The Council failed to plan ahead for their transition to adulthood or consider how D and E would be supported to continue to access training or education until their 18th birthdays. It also failed to properly implement the recommendations from its investigation of her complaint. It has agreed to pay Ms X £500 for uncertainty arising from the identified faults, complete the actions it promised to and review its practice to avoid reoccurrence of these faults.

South Tyneside Metropolitan Borough Council (19 012 123)

Statement Not upheld Special educational needs 23-Mar-2020

Summary: Mrs X complained about support the Council provided to her son and delay in issuing an Education, Health and Care Plan. We have discontinued our investigation into her complaint. We were unable to contact her to obtain further information and parts of her complaint are out of our jurisdiction.

Devon County Council (19 017 780)

Statement Closed after initial enquiries Special educational needs 23-Mar-2020

Summary: The Ombudsman will not investigate this complaint about the educational provision made for the complainant’s son. This is because it is unlikely he would find fault by the Council in the arrangements it made with the complainant for her son’s education, and it has offered an appropriate remedy for other agreed faults.

Sheffield City Council (18 019 236)

Statement Upheld Special educational needs 20-Mar-2020

Summary: Mrs B complained about the way the Council dealt with her son’s Education, Health and Care (EHC) Plan. There was fault by the Council in failing to consult schools when Mrs B said she no longer wanted to educate her son at home. This led to delay in issuing a final EHC Plan with a named placement, which delayed the right of appeal. The Council has agreed a remedy for the loss of educational support and the impact on Mrs B of having to educate her son at home for longer than necessary.

Hampshire County Council (19 000 149)

Statement Upheld Special educational needs 19-Mar-2020

Summary: The Ombudsman has not seen any evidence to suggest Mrs C was told a change of school would be considered outside of the EHCP process. However, the Council were at fault for not responding to Mrs C’s correspondence and that this led to distress. The Council has agreed to make a payment to Mrs C to remedy this distress.

Somerset County Council (19 009 278)

Statement Not upheld Special educational needs 19-Mar-2020

Summary: Mrs M has found her dealings with the Council’s Special Educational Needs Service extremely frustrating. She could share her experiences with Ofsted during the next inspection. Mrs M is concerned about her son, B’s transfer to post-16 education. The Council must amend B’s Education, Health and Care Plan by 31 March if he is to transfer to college. It is too soon to consider her complaint about the transfer now.

Hampshire County Council (19 003 700)

Statement Upheld Special educational needs 18-Mar-2020

Summary: Mrs X complains that the Council did not provide her son, C, with adequate alternative education in a timely manner when he was out of school. She says C missed education and says this has been stressful and upsetting. The Ombudsman finds fault with the Council for not acting sooner to provide alternative education. This caused Mrs X injustice. The Council will apologise and make a payment to Mrs X.

London Borough of Hackney (19 005 129)

Statement Not upheld Special educational needs 18-Mar-2020

Summary: The Ombudsman has discontinued his investigation of this complaint, about the Council’s delay in issuing an Education, Health and Care plan. This is because he cannot provide the outcome the complainant seeks.