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.

Royal Borough of Windsor and Maidenhead Council (19 006 993)

Statement Not upheld School admissions 30-Jan-2020

Summary: Ms X complains about the way the admission Appeal Panel considered her appeal for a Reception place for her daughter. The appeal decision letter is not as clear as it could have been but there is not enough evidence of flaws in the decision-making to recommend a fresh hearing.

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.

Wokingham Borough Council (19 016 057)

Statement Upheld School admissions 30-Jan-2020

Summary: Mrs X complains about the Council’s decision not to allow her summer born twins to start school at age 5 in Reception year which will cause them injustice. She complains the Council has not followed the correct process in making its decision. The Ombudsman finds fault with the Council’s decision making process. The Council has now remade its decision and agreed to apologise to Mrs X and pay her £100.

Hampshire County Council (19 001 169)

Statement Upheld School transport 29-Jan-2020

Summary: The Council failed to have a policy in place that complied with relevant legislation with regard to home to school transport for young people of sixth form age. As a result Ms F’s application for home to school transport to enable her 18 year old son to attend the college named on his Education, Health and Social Care Plan was refused and this resulted in him missing out on two terms of education for which transport should have been provided. The Council has already amended its policies and will now apologise and pay Ms F £5100 to recognise the injustice this caused her and her son. It will also review and take action to remedy similar injustice caused by the same fault to other applicants.

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.

Worcestershire County Council (19 006 385)

Statement Upheld School transport 29-Jan-2020

Summary: There was fault and a failure to follow the local policy and statutory guidance when the Council considered an application for home to school transport. This caused unnecessary confusion, time and trouble to Mr and Mrs X. The Council will offer a fresh appeal, make a time and trouble payment and apologise to Mr and Mrs X. It will also review its complaint and appeal processes.

Blackpool Borough Council (19 015 103)

Statement Closed after initial enquiries Other 29-Jan-2020

Summary: The Ombudsman cannot investigate Ms J’s complaint, because the law does not let us investigate a complaint about what happened in court or a complaint about what happens in schools.

Derbyshire County Council (19 000 747)

Statement Upheld Special educational needs 28-Jan-2020

Summary: Mr X complained the Council has not made suitable alternative education arrangements for his daughter Miss Z since she stopped attending school because of anxiety in February 2018. We find the Council was at fault. It did not take appropriate, prompt steps to deal with the absence and make appropriate alternative education provision for her. It has agreed to apologise to Miss Z and pay her £2,000 to remedy injustice caused by this fault. It has also agreed to review its practice supporting children out of school, particularly with respect to those out of school because of reasons not identified as illness or exclusion.