Surrey County Council (19 014 294)

Statement Closed after initial enquiries Special educational needs 04-Feb-2020

Summary: The Ombudsman will not investigate Mrs B’s complaint that the Council failed to provide appropriate support for her daughter’s special educational needs. This is because investigation would achieve nothing significant in addition to the action the Council has already taken.

London Borough of Sutton (18 014 258)

Statement Upheld Special educational needs 03-Feb-2020

Summary: Mrs B complained about the actions the Council took in respect of her daughter, C’s special educational needs. We find that the Council failed to maintain C’s EHC Plan, delayed in carrying out a reassessment of C’s needs and failed to produce a final EHC Plan. The Council has agreed to issue a final EHC Plan, make up missed therapy provision, pay C £1800 to be used for her educational benefit and Mrs B, £500.

Derbyshire County Council (18 011 814)

Statement Upheld Special educational needs 03-Feb-2020

Summary: Mr and Mrs X complain the Council failed to meet the special educational needs of their son, Z, who has severe disabilities, causing him loss of much of his education for more than three years. There was fault by the Council, which it accepts. It will pay Mr and Mrs X £5300.

East Sussex County Council (19 008 245)

Statement Upheld Special educational needs 01-Feb-2020

Summary: The Council delayed issuing an EHC Plan for Mr C’s son, which caused Mr C and his family distress. The Council has agreed to make a payment to recognise this distress.

Leicestershire County Council (19 001 899)

Statement Upheld Special educational needs 31-Jan-2020

Summary: Ms C says the Council failed to provide an education for her daughter, X, who has special educational needs, for six months and failed to carry out an education, health and care plan assessment in a timely fashion. The Council was at fault. This caused Ms C and X injustice. The Council has already refunded some of the costs Ms C incurred as a result and apologised. It should apologise again to Ms C and X and pay them both sums in recognition of the injustice suffered.

Leicestershire County Council (19 007 662)

Statement Upheld Special educational needs 31-Jan-2020

Summary: Mr X complains a Council officer failed to contact a school sixth form as she agreed. He says this left his son, Mr Z without post-16 provision. The Council accepts there is no record the officer did what she promised. It has offered to apologise and pay Mr X £100. This is sufficient remedy for the family’s raised expectations, as the school had already refused to take further calls from the family and was unlikely to agree to admit Mr Z.

Somerset County Council (19 003 902)

Statement Upheld Special educational needs 30-Jan-2020

Summary: Mrs X complains the Council took too long to issue and Education Health and Care (EHC Plan) for her daughter, Z, then failed to make the provision specified. She says Z lost out in total for a period of almost six months. The Council has accepted fault and apologised. It will also pay Mrs X £1100.

London Borough of Croydon (19 007 172)

Statement Closed after initial enquiries Special educational needs 30-Jan-2020

Summary: Mr X and Mr Y complained about the way the Council dealt with a review of their son’s Education Health and Care Plan and their complaint about the matter. Most of the complaint is outside the Ombudsman’s jurisdiction because it is linked to matters that were under appeal. The Council has offered a suitable remedy for communication failings found through its own independent investigation.

Lancashire County Council (19 015 582)

Statement Closed after initial enquiries Special educational needs 30-Jan-2020

Summary: Mr and Mrs P complained the Council failed to seek their comments during their daughter’s Education Health and Care plan review and did not consider their complaint about the matter fully. They also complained the Council did not respond to their request to de-register their daughter from her Special Educational Needs school. The Ombudsman will not consider this complaint as it is unlikely investigation would add to the Council’s previous investigation.

Royal Borough of Greenwich (19 004 014)

Statement Upheld Special educational needs 29-Jan-2020

Summary: There was fault by the Council in issuing an incorrectly worded Education, Health and Care plan following a Tribunal decision which meant provision was left out of the plan. This caused severe delays paying provider’s invoices which put the child’s special educational provision at risk, caused distress and put the child’s mother to unnecessary time, trouble and expense seeking to resolve the matter over three years. Recommendations for an apology, refund of legal fees and financial payment to acknowledge the impact have been agreed.