London Borough of Southwark (19 015 758)

Statement Closed after initial enquiries Special educational needs 20-Jan-2020

Summary: Ms X complains that the Council breached the General Data Protection Regulation (GDPR) and failed to follow their complaints policy correctly when she complained about the breach. The Ombudsman will not investigate this complaint because there is another body better placed to investigate.

Royal Borough of Greenwich (19 001 573)

Statement Upheld Special educational needs 16-Jan-2020

Summary: Mrs X complained the Council delayed issuing an Education, Health and Care plan, failed to deliver the provision set out in the plan and failed to review it. She also complained about the alternative education provided whilst C was out of school. The Council was at fault for the delays in issuing the plan and a failure to review it. There was no fault in the alternative education it provided whilst C was out of school. The Council should apologise and pay Mrs X £350 for the time and trouble caused.

East Riding of Yorkshire Council (19 006 246)

Statement Closed after initial enquiries Special educational needs 15-Jan-2020

Summary: The Ombudsman has discontinued his investigation into Mr & Mrs C’s complaint about how the Council dealt with matters relating to their son’s education. This is because a tribunal has already considered many of the matters which Mr & Mrs C raised, and it is unlikely the Ombudsman would find fault with other matters raised.

Leeds City Council (19 004 382)

Statement Upheld Special educational needs 14-Jan-2020

Summary: Mr R complained that G had been out of school for some time and the Council did not provide suitable alternative education or take appropriate steps to assist her to return to school. The Council was at fault for not considering taking formal action or escalating the case at an earlier stage and recording how it considered this, for not providing any alternative education between October 2018 and May 2019, and for not being proactive in engaging with G. It should review its processes and consider what support G now needs to get back into education.

Dudley Metropolitan Borough Council (19 005 242)

Statement Upheld Special educational needs 14-Jan-2020

Summary: Mrs X complains the Council failed to carry out an adequate needs assessment or complete her daughter, Y’s EHCP within the statutory timeframes. She also complains Y was out of education for two school terms and the Council did not provide any alternative educational provision. The Council’s failure to assess Y’s needs and issue a final EHC Plan within the statutory time frames amounts to fault. As does the Council’s failure to provide Y alternative educational provision between January and July 2019. These faults have caused Mrs X and Y an injustice.

Norfolk County Council (19 011 092)

Statement Upheld Special educational needs 10-Jan-2020

Summary: Mr X complains that the Council asked him for personal banking details so it could make a payment to him but then made the payment by cheque. He considered the Council did not provide a satisfactory explanation for its actions. There was fault in not asking for all the necessary information needed to make the payment but this is not significant and no further action is needed.

Barnsley Metropolitan Borough Council (18 009 973)

Statement Upheld Special educational needs 09-Jan-2020

Summary: Mrs D complains the Council has failed to provide special education needs support to her daughter and delayed in producing assessments and education, health and care plans. The Ombudsman has found fault. The Council has agreed to apologise and make a payment to be used for her daughter’s educational benefit.

Derby City Council (18 015 364)

Statement Not upheld Special educational needs 09-Jan-2020

Summary: Mr and Mrs B complained about the actions of the Council in respect of their son, C’s, EHC assessment and plan. We cannot look at the events prior to January 2018 as they are too old and took place during appeals to the SEND Tribunal. We cannot find fault with the actions of the Council in implementing the order of the Tribunal.

London Borough of Waltham Forest (19 011 700)

Statement Closed after initial enquiries Special educational needs 08-Jan-2020

Summary: The Ombudsman will not investigate this complaint about the Council’s arrangements for care and Special Educational Needs (SEN) support for the complainant’s son. This is because part of the complaint is out of jurisdiction, and we cannot add anything to the Council’s response regarding the current support for the complainant and her son.

St Helens Metropolitan Borough Council (19 004 957)

Statement Upheld Special educational needs 08-Jan-2020

Summary: Mrs X complains the Council failed to provide education and SEN support to her son Y, causing them both distress. The Ombudsman finds the Council delayed in the EHCP process. The Ombudsman recommends the Council provides an apology and makes a payment.