Central Bedfordshire Council (19 012 349)

Statement Upheld Special educational needs 22-Feb-2021

Summary: Mrs A complains the Council failed to provide her son with education for more than three months when she withdrew him from his previous school. There was fault by the Council because it did not properly consider its approach to the withdrawal of Mrs A’s son from school. The Council agreed a financial remedy for Mrs A and her son.

Royal Borough of Greenwich (20 004 825)

Statement Upheld Special educational needs 22-Feb-2021

Summary: There was fault by the Council because it failed to tell Mr X of his right to request a review of the decision not to give his son Y a personal budget/direct payment and took too long to complete the review. The Council should also have arranged speech and language therapy for Y in the Autumn term of 2020 and was at fault by not doing so. It has since agreed to reimburse Mr X for the therapy he has paid for, which is a partial remedy when completed. The Council will apologise, make the refund and also make Mr X a symbolic payment to reflect his time and trouble and inconvenience and distress.

Shropshire Council (19 020 440)

Statement Upheld Special educational needs 22-Feb-2021

Summary: Mrs C complained the Council failed to ensure her son, D, received the provision specified in his Education, Health and Care Plan (specifically, speech and language provision). She says that its fault caused D to miss a service he should have had and caused time and trouble to her having to chase the Council to see that the service was provided. She says the Council also delayed issuing an Education, Health and Care Plan for D and delayed finding him a new school. There is evidence of fault and the Council has agreed to apologise and to make appropriate payments.

Derbyshire County Council (20 000 611)

Report Upheld Special educational needs 22-Feb-2021

Summary: Ms X complained the Council delayed carrying out her son’s annual review, issuing his final amended Education, Health and Care (EHC) Plan and consulting with secondary schools.

Stockton-on-Tees Borough Council (20 008 139)

Statement Upheld Special educational needs 18-Feb-2021

Summary: Miss X complained about the Council’s decisions and actions between November 2018 and June 2020 when it refused and then delayed issuing her son, F with an Education, Health and Care (EHC) Plan. The Council did not issue F’s final EHC Plan in line with statutory timescales. However, this did not cause F a significant injustice. The Council was not at fault when F did not receive provision in line with his plan during September 2020. We did not have jurisdiction to investigate the Council’s actions and decision around whether to assess F or to issue him with an EHC Plan between November 2018 and January 2020. This is because Miss X appealed to a tribunal about the matters.

Suffolk County Council (20 010 718)

Statement Closed after initial enquiries Special educational needs 18-Feb-2021

Summary: We will not investigate this complaint about the Council’s refusal to arrange medical services as it is not responsible for the issue being raised.

London Borough of Hackney (18 007 219)

Statement Upheld Special educational needs 16-Feb-2021

Summary: Miss X complained about failings by the Council in the transition from a Statement of Special Educational Needs to an Education Health and Care plan, and its failure to ensure speech and language support was delivered in 2017. The Council failed to send the final plan to all relevant parties in August 2016, which delayed Miss X getting appeal rights. It also failed to provide speech and language support set out in her Statement from May to July 2017. It will apologise and make a payment for the uncertainty caused by the lack of provision.

Cheshire East Council (20 002 507)

Statement Upheld Special educational needs 16-Feb-2021

Summary: the Council delayed completing the assessment of X’s special educational needs and issuing a final Education, Health and Care Plan. This caused her injustice as it delayed her receiving the additional support she needed by four months. The Council will apologise and make a payment to recognise the injustice caused. It has already altered its processes to ensure that the faults identified do not happen in future.

Wirral Metropolitan Borough Council (19 019 839)

Statement Upheld Special educational needs 16-Feb-2021

Summary: the complainant says the Council delayed its assessment of her son’s special educational needs and suitable provision causing disruption and distress to the family. The Council recognised the faults and impact they had and offered a remedy. We upheld the complaint and recommended a greater remedy of £2,700.

London Borough Of Barnet (19 011 750)

Statement Upheld Special educational needs 15-Feb-2021

Summary: Miss W complains the Council failed to make appropriate full-time education provision for her son, V. It also placed him in unsuitable education, failed to keep his Education, Health and Care Plan properly updated, failed to respond to her complaints and referred the matter to child protection even though she says the main issue was him being out of school. She says this caused her, and her family, distress and time and trouble and V was deprived of services he should have received. There is evidence of fault and the Council has agreed to apologise, make appropriate payments and to change its procedures around complaint handling.