Derbyshire County Council (20 002 225)

Statement Upheld Special educational needs 03-Feb-2021

Summary: Mr X complained the Council failed to carry out his daughter, Miss D’s, annual review after a Tribunal hearing. The Council was at fault for not holding Miss D’s annual review within the statutory timescales but this did not cause her a significant injustice.

Derbyshire County Council (20 002 545)

Statement Upheld Special educational needs 03-Feb-2021

Summary: Mr X complained the Council failed to provide the speech and language therapy specified in his daughter, Miss D’s Education, Health and Care Plan. The Council has already admitted it was at fault, offered Mr X and Miss D £2,000 to remedy the injustice it has caused and explained the service changes and training it will carry out to prevent a reoccurrence. This is sufficient to remedy the injustice caused.

London Borough of Richmond upon Thames (20 008 662)

Statement Closed after initial enquiries Special educational needs 03-Feb-2021

Summary: We will not investigate Ms X’s complaint about the failure to provide a suitable education to her child as the Tribunal is currently considering what this education should be. It is not possible to assess the level of injustice of any failed support until the Tribunal decision is known.

Hampshire County Council (20 009 526)

Statement Closed after initial enquiries School transport 03-Feb-2021

Summary: We will not investigate Mrs X’s complaint about the amount per mile the Council pays parents who transport their children to school. This is because there is not enough evidence of fault by the Council.

London Borough of Havering (19 016 908)

Statement Upheld School transport 02-Feb-2021

Summary: Mrs S has complained about the way the Council responded to her request for school transport for her son, T, who has an Education and Health Care Plan and attends an out-of-borough school. The Ombudsman has found fault in the way the Council considered Mrs S’s response to the refusal of her school transport application. We consider that the actions already taken and proposed by the Council, together with the further agreed actions represent a suitable remedy for the injustice to Mrs S and T.

London Borough of Croydon (20 001 050)

Statement Upheld Special educational needs 02-Feb-2021

Summary: the complainants complained the Council told them they had a right of appeal against an EHC Plan issued on the directions of the SEND Tribunal. This led them to spend avoidable time and experience inconvenience in preparing for an appeal on which the Tribunal judge cast doubt. The Council says it acted in line with its understanding of the law which it says is not clear. We found the Council at fault and it has agreed to the remedy recommended.

Leeds City Council (20 001 761)

Statement Not upheld Special educational needs 02-Feb-2021

Summary: The Ombudsmen find a Trust did not respond to a request for a change of physiotherapist appropriately. There is evidence that staff were trying to meet the patient’s needs but this fault has left uncertainty about whether a further review could and should have happened. The Trust has agreed to provide an apology and to take steps to learn from the complaint.

Telford & Wrekin Council (20 009 833)

Statement Closed after initial enquiries School admissions 02-Feb-2021

Summary: We will not investigate Mrs X’s complaint about an unsuccessful appeal for a school place. This is because there is not enough evidence of fault by the panel, and so we cannot question the merits of its decision.

Peterborough City Council (19 013 929)

Statement Upheld Special educational needs 01-Feb-2021

Summary: Mrs X complained the Council did not ensure her child, Y, received provision set out in their Education, Health and Care Plan. She also complained it delayed in completing Y’s annual review and about poor complaint handling. The Council was at fault. The Council has agreed to apologise to Mrs X and Y for the identified faults and pay Mrs X £4000 to be used for Y’s educational benefit to remedy the impact of the lost provision. It will also pay her £500 to acknowledge the frustration caused and time and trouble taken to pursue her complaint and review its procedures.

Essex County Council (20 001 298)

Statement Upheld School transport 01-Feb-2021

Summary: Mrs X complained about the way the Council dealt with her application and appeal for home to school transport for her daughter. The Council was not at fault in how it reached its decision, but it did not provide her with all the information she asked for. It has apologised for this oversight. The Council has agreed to review the information it provides when home to school distance is an issue in an appeal.