Norfolk County Council (19 009 818)

Statement Upheld Special educational needs 19-Oct-2020

Summary: fault by the Council meant Mrs P’s son, B, did not get the support required by his Education, Health and Care (EHC) Plan between April and October 2019. The Council has apologised. B has now transferred to a special school where he will receive the support he needs.

London Borough of Bromley (20 003 975)

Statement Closed after initial enquiries Special educational needs 16-Oct-2020

Summary: The Ombudsman will not investigate Mr and Mrs X’s complaint about the Council’s actions in 2016 and 2017, and of failing to follow the ruling of a Special Educational Needs and Disability Tribunal since 2017. The earlier matters are historic, and the subsequent ones have caused no personal injustice to their child or are more appropriate for another body.

Nottinghamshire County Council (20 004 214)

Statement Closed after initial enquiries Special educational needs 16-Oct-2020

Summary: The Ombudsman will not investigate this complaint about the Council’s actions in issuing an Education Health and Care Plan for Miss X’s son. This is because these matters are not separable from the content of the Plan, which Miss X appealed to the Special Educational Needs and Disability Tribunal.

Surrey County Council (19 003 112)

Statement Upheld Special educational needs 15-Oct-2020

Summary: There was delay by the Council in updating an Education, Health and Care plan following a transition review in May 2018. Without this fault it is likely the Council would have been in a position to name the next school placement earlier avoiding unnecessary uncertainty for Mr X’s daughter and a rushed transition to the next phase of her education. The Council has agreed to apologise and provide a financial payment to acknowledge the distress caused. The Ombudsman has not identified fault in other aspects of Mr X’s complaint about incorrect diagnosis and intervention.

Hampshire County Council (19 008 872)

Statement Upheld Special educational needs 15-Oct-2020

Summary: The Ombudsman upholds Mrs X’s complaint about the Council’s delay in communicating the result of her daughter’s annual reviews. The Council accepts it took too long to issue a decision on both occasions. There was also fault in how the Council responded to the recommendations in Mrs X’s carers’ assessment. The Council will apologise to Mrs X and her daughter, make a payment to recognise their distress, and review its compliance with statutory timescales for annual reviews. It will also apologise to other families affected by its failure to respond to annual reviews on time.

Solihull Metropolitan Borough Council (20 004 517)

Statement Closed after initial enquiries Special educational needs 15-Oct-2020

Summary: Mrs X complained the Council has failed to provide her daughter with a school place, or any alternative education, since July 2019. We will not investigate her complaint at this time. The Ombudsman cannot assess the extent of any fault or recommend a remedy until the provision the child should have been receiving is known. A tribunal is currently deciding this. Mrs X can complain to the Ombudsman again when the outcome of the tribunal is known.

Derby City Council (20 002 071)

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

Summary: The Ombudsman will not investigate Ms X’s complaint that the Council failed to provide her son with education and failed to meet his educational and health care needs between June 2018 and July 2019. The complaint is outside the Ombudsman’s jurisdiction. Ms X complains late and we cannot investigate part of the period because Ms X appealed to the SEND Tribunal.

East Riding of Yorkshire Council (19 018 721)

Statement Not upheld Special educational needs 13-Oct-2020

Summary: The Ombudsman cannot investigate Mrs B’s complaint about the Council’s handling of child C’s Education Health Care plan. Mrs B used her right of appeal to the Special Educational Needs and Disability Tribunal.

Leicestershire County Council (20 003 527)

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

Summary: The Ombudsman will not investigate Mr X’s complaint about a lack of support for his daughter who he says has been diagnosed with autism. This is because the complaint is late. Due to the time that has elapsed we could not now carry out an effective investigation. Complaints about what happens in schools are outside the Ombudsman’s jurisdiction and we cannot achieve the outcome Mr X wants.

Liverpool City Council (19 009 027)

Statement Upheld Special educational needs 09-Oct-2020

Summary: the Council recognises that it should have done more to ensure Ms M’s son, B, received a suitable education between November 2018 and April 2019. The Council has offered to fund additional tuition. This is a suitable remedy.