Walsall Metropolitan Borough Council (19 007 505)

Statement Upheld School admissions 28-Jan-2020

Summary: Miss X complains about the process the Council followed in arranging a school admissions appeal panel. Based on the evidence currently available, the Ombudsman has found fault in how the Council recorded the events of the appeal panel hearing and in its late decision to award Miss X’s daughter medical priority. Only the latter fault caused injustice, in the form of uncertainty, and the Council has agreed to arrange a new appeal panel hearing to resolve this.

Coventry City Council (19 000 681)

Statement Not upheld Special educational needs 27-Jan-2020

Summary: Mrs X complains the Council delayed in issuing an amendment to her child’s Education Health and Care Plan. The Ombudsman has found no evidence of fault in the way the Council considered these matters. The Ombudsman cannot investigate Mrs X’s complaints about the school named in the Plan or her concerns about advice given over responsibility for school transport for her child. Mrs X has appealed to a tribunal about these matters. The law prevents the Ombudsman from investigating in such circumstances.

London Borough of Merton (19 000 969)

Statement Upheld Special educational needs 27-Jan-2020

Summary: The Ombudsman upholds Mr and Mrs X’s complaint about the delay in issuing an Education, Health and Care plan for their daughter, Y. The Council failed to consult with all the relevant professionals and delayed seeking advice from other sources. It failed to communicate with Mr and Mrs X, missed deadlines and did not keep clear records of decisions. Y missed out on support as a result of the delay. The Council will apologise and make a payment to Y and Mr and Mrs X to remedy their injustice. It will also hold an early annual review for Y and remind staff of their duties in carrying out needs assessments and issuing plans.

London Borough of Waltham Forest (19 009 318)

Statement Not upheld School admissions 27-Jan-2020

Summary: Mr X complained about the advice the Council gave him when applying for a Reception place for his child to his preferred school. He also complained about the delay in offering an alternative school. We have discontinued the investigation as Mr X no longer wants a place at his preferred school and there is no worthwhile outcome we could achieve by further investigating the complaint.

London Borough of Enfield (19 015 541)

Statement Closed after initial enquiries School admissions 27-Jan-2020

Summary: The Ombudsman will not investigate Mrs X’s complaint about an unsuccessful appeal for a school place. This is because there is not enough evidence of fault by the panel and so we cannot question the merits of its decision.

Norfolk County Council (19 015 551)

Statement Closed after initial enquiries Special educational needs 24-Jan-2020

Summary: Mrs X complained the Council did not carry out an annual review in time after issuing her child’s Education, Health and Care plan. We should not investigate this complaint, as the Council has offered a remedy and it is unlikely that investigation by the Ombudsman would lead to a different outcome.

Peterborough City Council (18 013 497)

Statement Upheld Special educational needs 23-Jan-2020

Summary: The Council failed to ensure C received all of the provision set out in his Education, Health and Care Plan. It also failed to consider whether to make a safeguarding referral when notified that C had been assaulted at school. Then when Ofsted made a safeguarding referral to the Council, it failed to properly investigate. The Council has agreed to apologise and make payments to Mrs B and C and take action to prevent similar failings in future.

Central Bedfordshire Council (19 013 321)

Statement Closed after initial enquiries Special educational needs 22-Jan-2020

Summary: The Ombudsman will not investigate Mrs X’s complaint about the Council’s decision to name a particular school in an Education Health and Care Plan for her child. Mrs X appealed that decision to the Tribunal and we cannot investigate the same issues a Tribunal considered nor the way the Council acted during that process.

London Borough of Newham (18 018 918)

Statement Upheld Special educational needs 21-Jan-2020

Summary: Ms X complains of delay by the Council in deciding not to issue an Education Health and Care (EHC) Plan for her daughter, Z. The Council took too long to decide not to issue, and also failed to deal with Ms X’s complaint about this. However, there was no injustice as the resulting Special Educational Needs and Disability (SEND) Tribunal found Z did not need an EHC Plan.

Sheffield City Council (19 006 630)

Statement Upheld Special educational needs 21-Jan-2020

Summary: Mrs F complains the Council delayed finalising an EHC Plan for her son, D, and proposed an inappropriate date for the annual review. The Council has accepted there was delay and has apologised, which is a suitable remedy for the injustice caused.