Bury Metropolitan Borough Council (20 004 503)

Statement Upheld Special educational needs 13-Jan-2021

Summary: Mrs X complains that the Council delayed in issuing her son’s Education, Health & Care Plan (EHCP). Having issued the EHCP, she says the Council failed to advise her on her appeal rights. Mrs X also complains the Council delayed her son’s annual review and about its approach to amending the EHCP. The Council is at fault and has caused injustice to Mrs X and B. It has agreed to financial remedies and an apology.

Gloucestershire County Council (20 006 700)

Statement Upheld School admissions 13-Jan-2021

Summary: The Ombudsman has found procedural fault in the way the school admissions panel considered Mrs B’s admissions appeal. This caused Mrs B an injustice and so we have recommended the Council hold a new appeal.

London Borough of Haringey (20 008 177)

Statement Closed after initial enquiries Special educational needs 13-Jan-2021

Summary: We will not investigate Mrs X’s complaint about the Council’s actions concerning a parental group. The Council’s apology is sufficient for the injustice caused and the matter does not warrant further investigation.

Kent County Council (19 018 598)

Statement Upheld Special educational needs 12-Jan-2021

Summary: Mrs X complained the Council delayed issuing a final Education, Health and Care Plan following an annual review. We find the Council was at fault. It has agreed to pay Mrs X £500 in recognition of Y’s missed education and pay a further £200 in recognition of the trouble she was caused.

Royal Borough of Kingston upon Thames (19 020 355)

Statement Upheld Alternative provision 12-Jan-2021

Summary: Ms F complains the Council failed to make alternative educational provision for her son. We have found fault that has caused her son to lose out on education and the family significant distress. The Council has agreed to apologise, make a payment for her son’s educational benefit and review its commissioning arrangements for alternative provision.

East Sussex County Council (20 005 679)

Statement Not upheld School transport 12-Jan-2021

Summary: The Ombudsman has not found fault with the Council’s decision to refuse Miss W’s son free school transport. This is because the Council correctly considered the statutory guidance, and the Ombudsman cannot question the merits of a decision without fault.

Cornwall Council (19 014 211)

Statement Upheld Alternative provision 12-Jan-2021

Summary: Ms X complained about the way the Council dealt with her daughter’s Education Health and Care Plan. We found fault because the Council delayed in issuing the final Plan. The Council was also at fault in the way it dealt with the statutory Stage 2 investigation into Ms X’s complaints as it failed to issue an apology as agreed with the recommendations in 2018. The Council has agreed to apologise to Ms X and her daughter so we have completed our investigation.

East Sussex County Council (19 014 659)

Statement Upheld School transport 12-Jan-2021

Summary: Ms X complained that the Council failed to consider her application and appeal for home to school transport for her children properly. We do not find fault in the way the Council decided Ms X’s case. But we consider the Council’s current school transport policy is flawed in that it does not allow for people who would be disadvantaged by not being able to present an appeal through verbal representations to be able to do so. The Council is already reviewing its processes to address this issue. It has agreed to tell the Ombudsman the outcome and amend its policy.

North Yorkshire County Council (20 007 815)

Statement Closed after initial enquiries School transport 12-Jan-2021

Summary: The Ombudsman will not investigate Mrs X’s complaint about the Council’s decision not to provide her son with free transport to school. This is because there is not enough evidence of fault by the Council.

Salford City Council (19 017 570)

Statement Upheld Alternative provision 11-Jan-2021

Summary: The complainant says that the Council failed to provide alternative education to her son who was unable to attend his primary school because of ill health. The Council also delayed in completing the son’s Education, Health and Care Plan. The Ombudsman finds fault causing injustice on both complaints. He has recommended actions to remedy the injustice and to improve future practice. The Council has agreed to these and therefore we have completed our investigation and are closing the complaint.