Manchester City Council (19 010 394)

Statement Upheld Special educational needs 11-Nov-2020

Summary: There has been fault by the Council in that it has delayed in completing the complainant’s son’s Education, Health and Care Plan. This has caused avoidable distress and frustration and the complainant’s son has missed the opportunity to apply for a nursery place at the maintained special needs school which he will be attending from September 2020. The Council has agreed the recommended actions to remedy the personal injustice, and the procedural improvements, to prevent repetition of the faults found.

Hertfordshire County Council (20 004 549)

Statement Closed after initial enquiries Special educational needs 11-Nov-2020

Summary: The Ombudsman will not investigate Mrs X’s complaint about the Council’s actions in making educational provision for her son since it issued an Education Health and Care Plan for him. These matters are not separable from the appeal that was decided by a Special Educational Needs and Disability tribunal.

Barnsley Metropolitan Borough Council (19 015 833)

Statement Upheld Special educational needs 10-Nov-2020

Summary: Whilst the Council upheld Mrs C’s complaint about how it managed matters relating to her son’s education and Special Educational Needs, it did not properly consider the injustice caused to her and her son. The Council has now agreed to make payments to Mrs C and her son, to remedy the injustice its faults caused to them.

Hertfordshire County Council (19 011 658)

Statement Upheld Special educational needs 10-Nov-2020

Summary: There was fault by the Council in failing to provide suitable transport to Ms X’s children and in failing to provide special educational provision in an Education, Health and Care Plan. The complaint is upheld. Recommendations for an apology and financial remedy have been agreed with the Council.

Solihull Metropolitan Borough Council (19 011 557)

Statement Upheld Special educational needs 09-Nov-2020

Summary: The Ombudsman upholds Miss X’s complaint about delays in issuing her daughter’s Education, Health and Care plan. The Council did not meet statutory deadlines to gather information or issue a plan. This caused Miss X frustration and uncertainty and her daughter has missed provision she was entitled to. The Council will apologise and make a payment to recognise this. It will also remind officers of their statutory duties and review arrangements for gathering information from health and social care providers as part of needs assessments.

London Borough of Haringey (19 012 157)

Statement Upheld Special educational needs 09-Nov-2020

Summary: Ms X complains the Council wrongly refused to provide her with an Education Health and Care Plan, and then failed to provide appropriate support for her to appeal this decision. The Council’s failure to carry out an assessment of Ms X’s needs within the required timeframe amounts to fault. As does the failure to provide appropriate advice and support to submit an appeal. These faults have caused Ms X an injustice.

Derbyshire County Council (20 005 863)

Statement Closed after initial enquiries Special educational needs 06-Nov-2020

Summary: The Ombudsman cannot investigate Mrs Q’s complaint about the content of her son’s Education, Health and Care Plan. This is because she has appealed to the Special Educational Needs and Disability Tribunal.

Cheshire East Council (19 014 516)

Statement Upheld Special educational needs 05-Nov-2020

Summary: Mrs X complained about the Council’s delay in issuing an Education, Health and Care plan for her son and says he missed out on support as a result. She also complained the Council had failed to make reasonable adjustments for her dyslexia, which caused her frustration and added to the delays. The Council was at fault for a delay in issuing the plan and a failure to make reasonable adjustments in a timely way in view of Mrs X’s disabilities. The Council should apologise and make a payment to Mrs X for the injustice caused.

Dudley Metropolitan Borough Council (20 001 468)

Statement Upheld Special educational needs 04-Nov-2020

Summary: The Ombudsman finds fault with the Council for the way it carried out child C’s annual Education, Health and Care plan (EHCP) review. The fault caused significant delays and C missed out on provision as a result. The Council agrees to make a financial payment and service improvements to remedy the injustice.

Northamptonshire County Council (19 018 350)

Statement Upheld Special educational needs 04-Nov-2020

Summary: Mrs D complained the Council delayed informing her of its decision to cease to maintain her daughter’s Education, Health and Care plan. The Ombudsman finds there were delays in the Council’s decision-making. The Council has agreed to our recommendations to address the injustice caused to Mrs D.