Surrey County Council (19 005 711)

Statement Upheld Alternative provision 07-Feb-2020

Summary: The Council was at fault for failing to provide Y a suitable education when his anxiety meant he could not go to school. The Council has agreed to pay Miss X a financial remedy for the education that Y has missed. It will also remind staff of the responsibility to assess the academic needs of children unable to access education and where necessary provide alternative education.

Oxfordshire County Council (19 010 686)

Statement Upheld School transport 07-Feb-2020

Summary: Mrs X complains about the Council’s decision to charge her for school transport for her son. There was some fault by the Council in how it administered free home to school transport. However, this did not cause Mrs X an injustice which would require the Council to take any action.

City of York Council (18 003 094)

Statement Upheld Special educational needs 06-Feb-2020

Summary: The Ombudsman upholds Mrs X’s complaint about the way the Council dealt with her son’s Education, Health and Care plan. The Council communicated poorly and caused delay. It focused on the affordability of the placement rather than whether it met Mrs X’s son’s needs. This caused Mrs X frustration, anxiety and time and trouble in pursuing her complaint. The Council has agreed to meet some of Mrs X’s costs. It will also apologise and improve services to address the faults identified.

South Tyneside Metropolitan Borough Council (18 015 138)

Statement Upheld Special educational needs 06-Feb-2020

Summary: Mr and Mrs X complained the Council failed to transfer their son, Mr Z’s Learning Difficulties Assessment onto an Education, Health and Care plan. They say that because of this, Mr Z has not had an adequate education after his college course ended. We found the Council failed to transfer Mr Z to an Education, Health and Care Plan as it had agreed it should do. He therefore probably missed out on planning for adult life, and Mr and Mrs X missed being able to challenge the Council’s decisions about this. The Council’s complaint response was also at fault, causing them avoidable distress. The Council has agreed to pay a financial remedy for Mr Z, apologise to him and his parents and make service improvements to prevent reoccurrence of the identified fault.

City of Bradford Metropolitan District Council (19 014 441)

Statement Closed after initial enquiries School transport 06-Feb-2020

Summary: The Ombudsman will not investigate Mrs X’s complaint about the decision not to provide her daughter with free transport to school. This is because there is not enough evidence of fault in how the Council has reached its decision and so we cannot question its merits.

Reading Borough Council (18 012 037)

Statement Upheld Special educational needs 05-Feb-2020

Summary: The Council was at fault for failing to properly decide
Mrs B’s son’s special educational needs provision for over a year. This meant he was in an unsuitable placement for a full academic year. The Council also failed to answer Mrs B’s complaint. It has agreed to apologise and make payments totalling £3,350 to recognise Mrs B’s injustice (and that of her son).

Bath and North East Somerset Council (18 018 009)

Statement Upheld Alternative provision 05-Feb-2020

Summary: There was fault by the Council in failing to provide education to a child who, due to anxiety and depression, could only attend school intermittently. There was also fault in the Council’s commissioning arrangements for alternative education and its advice to schools. This caused the complainants distress, loss of education and unnecessary legal fees. The complaint is upheld

Kent County Council (19 017 063)

Statement Closed after initial enquiries School admissions 05-Feb-2020

Summary: The Ombudsman will not investigate this complaint about the Council’s 11+ test review process. This is because the complainant has a right of appeal to an Independent Appeal Panel if his daughter is refused a place at the grammar school that he wants her to attend, and it is reasonable to expect him to use it.

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.