Suffolk County Council (18 018 601)

Statement Upheld Special educational needs 11-Feb-2020

Summary: Mr X complained the Council failed to ensure his son, Y, received the provision set out in his Education, Health and Care Plan. Mr X also complained the Council delayed issuing Y’s final amended Plan for over 14 weeks. He said this caused his son distress and had a significant negative impact on his education and psychological development. The Council was at fault when it failed to issue Y’s final amended Plan within the required timescales. This caused avoidable distress. The Council has agreed to pay Mr X £150 to remedy this injustice.

Buckinghamshire County Council (19 005 666)

Statement Upheld School transport 11-Feb-2020

Summary: although the Council acknowledged it was at fault in April 2019 for failing to provide school transport for Mrs M’s daughter, G, and promised to take action, the Council did not put matters right. Mrs M has suffered further injustice. I have recommended a remedy.

Bury Metropolitan Borough Council (19 006 625)

Statement Upheld School transport 11-Feb-2020

Summary: Mrs X complains the Council failed to provide school travel assistance for her son between 2017 and 2019 and will not reimburse the costs she incurred when taking her son to school in that period. There was fault by the Council because it did not properly assess Mrs X’s application for travel assistance when she approached the Council in 2019. The Council agreed to make a time and trouble payment to Mrs X to reflect the injustice she suffered in pursuing an unnecessary appeal.

London Borough of Richmond upon Thames (19 008 019)

Statement Upheld Special educational needs 11-Feb-2020

Summary: the Council accepts it should have done more to secure B’s return to school when he was out of school between January and July 2018. His parents, however, were resolute in their decision he should not return to school. Any fault by the Council has not, therefore, caused an injustice for which the Ombudsman should recommend a remedy. The Ombudsman cannot consider the complaint once B’s parents appealed to the Tribunal.

Suffolk County Council (19 009 509)

Statement Not upheld School transport 11-Feb-2020

Summary: The Ombudsman has not found evidence of fault in the Council’s decision making or handling of Ms X’s school transport appeal.

Derbyshire County Council (19 009 590)

Statement Upheld School transport 11-Feb-2020

Summary: Mr B complains that the Council has not dealt with his school transport appeal properly, following an earlier complaint to the Ombudsman. The Council did not follow its policy or the Statutory Guidance because it did not measure a safe walking route. The Council has agreed to measure the distance along the actual route it says Mr B’s daughter should walk to school and review its policy. If the distance is over three miles the Council should provide Mr B’s daughter with transport and re-imburse him for his daughter’s travel costs since his initial application.

East Riding of Yorkshire Council (19 011 093)

Statement Not upheld School admissions 11-Feb-2020

Summary: Mr and Mrs B complain that the Council did not properly deal with a school admissions appeal. The Council was not at fault.

Suffolk County Council (19 014 782)

Statement Closed after initial enquiries Special educational needs 11-Feb-2020

Summary: The Ombudsman will not investigate Mrs X’s complaint about the Council’s delay in producing an Education Health and Care Plan. It is not possible to assess the extent of any injustice caused by this delay until the provision they should have been receiving is known. A Tribunal is currently deciding this.

Gloucestershire County Council (19 015 371)

Statement Closed after initial enquiries Special educational needs 11-Feb-2020

Summary: The Ombudsman will not investigate Mr X’s complaint about the evidence used to support the Council’s proposals in an Education Health and Care Plan. The Tribunal is deciding whether those proposals are adequate and we cannot investigate the same issues as a Tribunal.

Hertfordshire County Council (19 003 254)

Statement Upheld Special educational needs 10-Feb-2020

Summary: Mr V complained the Council failed to issue a revised Education, Health and Care Plan for his son, W, at the correct time. He said this meant W was not sufficiently supported while he attended his then school. There is evidence of fault in the delay before W’s revised EHCP was issued and in the way the Council checked whether the school had put in place the specified support.