Rutland County Council (20 006 500)

Statement Closed after initial enquiries Special educational needs 01-Dec-2020

Summary: The Ombudsman will not investigate Mrs X’s complaint the Council refused to hold an early review of an Education Health and Care Plan. The Tribunal is currently considering the Education Health and Care Plan’s adequacy and we cannot consider the same issues.

Norfolk County Council (19 012 867)

Statement Not upheld Special educational needs 27-Nov-2020

Summary: Mr F complains the Council refused to pay for alternative education for his son, B, when he withdrew him from school. Mr F’s complaint comes down to a difference of opinion about how best to meet B’s special educational needs. The Council amended B’s EHC Plan after Mr F withdrew him from school. Mr F disagrees with the changes, but the Ombudsman cannot consider the matter as he had a right of appeal to the Tribunal.

East Riding of Yorkshire Council (19 013 093)

Statement Upheld Special educational needs 27-Nov-2020

Summary: staff shortages, staff sickness and a significant increase in demand meant the Council took more than 12 months to amend B’s Education, Health and Care (EHC) plan when he transferred to college and he did not get the support he needed. The Council has apologised, addressed the staffing issues and agreed action to address the impact of the service failure on B.

East Sussex County Council (19 015 529)

Statement Not upheld Special educational needs 27-Nov-2020

Summary: Mr X complained that the Council failed to put in place the support in his grandson’s Education Health and Care Plan, and failed to deal with his complaint properly. The Ombudsman finds there was no failure to arrange the provision. Mr X’s daughter decided not to send her son to the school named in the Plan while she appealed. There was some delay in the complaint handling but the Council has apologised for this. This is a sufficient remedy.

Hampshire County Council (19 015 647)

Statement Upheld Special educational needs 26-Nov-2020

Summary: Mrs X complains about the way the Council handled assessing her grandson for an Education, Health and Care (EHC) plan, the Council’s provision of education, and delays handling her complaint. She says this meant her grandson missed out on education, and caused stress and anxiety to him and the wider family. The Ombudsman finds the Council at fault for the delays in the EHC process and for poor communication with the family. The Council will apologise and make a payment to Mrs X to reflect the injustice caused.

London Borough of Bromley (19 017 867)

Statement Upheld Special educational needs 25-Nov-2020

Summary: Mrs F complains the Council delayed notifying her of its decision not to issue an Education, Health and Care Plan for her daughter. The Council has accepted there was a delay and has already apologised. This is a suitable remedy for the injustice caused.

Lancashire County Council (20 004 905)

Statement Closed after initial enquiries Special educational needs 25-Nov-2020

Summary: The Ombudsman will not investigate Mrs X’s complaint about the way the Council prepared an Education Health and Care Plan. The Tribunal is considering what the Education Health and Care Plan should say and until it has concluded we are not able to find out the injustice to Mrs X and her child.

Liverpool City Council (20 006 242)

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

Summary: The Ombudsman cannot investigate Mrs B’s complaint that the Council has failed to make appropriate educational provision for her son. This is because Mrs B has used her right to appeal to the Special Educational Needs and Disability Tribunal.

Cheshire East Council (19 017 717)

Statement Upheld Special educational needs 23-Nov-2020

Summary: Mrs X complained the Council did not properly assess her son, Y, for an Education, Health and Care Plan. She also complained the Council did not hold an early annual review when she requested one and failed to ensure Y was engaging with the provision set out in his Education, Health and Care Plan when he began secondary school. She said this situation caused her distress and negatively affected Y’s mental health and educational development. There was fault when the Council failed to issue a finalised Education, Health and Care Plan for Y within the required timescales. The Council was also at fault when it misinformed Mrs X after she requested assessments for Y and an early annual review. Neither Mrs X nor Y suffered an injustice due to these faults.

West Sussex County Council (20 001 539)

Statement Upheld Special educational needs 20-Nov-2020

Summary: The Council’s delay in issuing a final Education, Health and Care plan resulted in Mrs B’s son not receiving sufficient special educational provision for 11 weeks. The Council has agreed to make a payment of £600 to acknowledge the impact of this.