Sefton Metropolitan Borough Council (20 007 251)

Statement Closed after initial enquiries Special educational needs 20-Nov-2020

Summary: The Ombudsman cannot investigate Mrs X’s complaint the Council is failing to educate her child. The Tribunal is considering the suitability of the Council’s proposed education. We should not investigate the events for the period before the Tribunal until its decision is known as it is not possible to know the extent of any injustice until then.

London Borough of Islington (20 005 811)

Statement Closed after initial enquiries Special educational needs 20-Nov-2020

Summary: Ms X complained about the Council’s naming of a school on her child’s Education Health and Care Plan and its failure to pay enough towards her child’s school fees. The Ombudsman cannot investigate a complaint about issues Ms X complained about to the SEND Tribunal. The Ombudsman should not investigate other parts of the complaint because it is unlikely an investigation would find fault by the Council or change the outcome for Ms X.

Surrey County Council (20 005 930)

Statement Closed after initial enquiries Special educational needs 18-Nov-2020

Summary: We cannot investigate this complaint about the Council’s special educational needs provision for Mr Y’s son. This is because Mr Y has appealed to a tribunal and we cannot achieve the outcome he wants.

Southampton City Council (20 005 934)

Statement Closed after initial enquiries Special educational needs 18-Nov-2020

Summary: The Ombudsman will not investigate Mrs X’s complaint about her child’s school. This is because we cannot consider complaints about what happens in schools.

Surrey County Council (19 009 574)

Statement Upheld Special educational needs 18-Nov-2020

Summary: Miss X complained the Council did not meet her child, Y’s special educational needs and failed to provide a suitable alternative education when they were out of school from April 2016. The Council was at fault for not arranging an alternative education for Y, for failing to issue an amended Education, Health and Care plan after agreeing to do so in 2018, and for delays in the complaints process. It should make a payment to remedy the lost education and review its processes.

Stockton-on-Tees Borough Council (19 021 146)

Statement Not upheld Special educational needs 16-Nov-2020

Summary: There is no delay in a review of Y’s Education, Health and Care Plan or in identifying schools for him. So we do not uphold Ms X’s complaint.

Barnsley Metropolitan Borough Council (19 011 035)

Statement Upheld Special educational needs 16-Nov-2020

Summary: Mrs F complains the Council has delayed providing her daughter with a final Education, Health and Care Plan, and she has therefore lost out on special educational needs provision. The Council has accepted there was fault. It has agreed to make a payment to Mrs F for her daughter’s educational benefit.

Devon County Council (19 009 619)

Statement Upheld Special educational needs 16-Nov-2020

Summary: Ms B complains the Council wrongly told her there was a place for her son, X, at his preferred school. When he arrived at the school at the beginning of term there was no place for him. She says this caused considerable distress to X and her. It meant he has missed out on education and she has had the financial cost of buying a school uniform for the school he could not attend. There was fault by the Council which caused injustice to Ms B and X. The Council will apologise and make a payment to them both.

London Borough of Richmond upon Thames (20 002 294)

Statement Closed after initial enquiries Special educational needs 13-Nov-2020

Summary: The Ombudsman will not investigate Mrs B’s complaint the Council refuses to change the allocated Education Health and Care Plan (EHCP) Co-ordinator for her daughter. This is because the Council has acted to resolve the substantive issues in the complaint, apologised for some fault, and taken steps to prevent a recurrence. There is not enough evidence of fault by the Council otherwise which would warrant the Ombudsman investigating.

City of Bradford Metropolitan District Council (20 002 982)

Statement Upheld Special educational needs 12-Nov-2020

Summary: Miss V has complained the Council wrongly named a mainstream educational placement for her son’s Education and Health Care Plan. The Ombudsman does not have jurisdiction to investigate this part of the complaint as Miss V has appealed to a statutory tribunal. However, the Ombudsman has identified some communication faults by the Council which has caused Miss V distress and has suggested a way for the Council to remedy this.