Oldham Metropolitan Borough Council (19 013 767)

Statement Upheld Special educational needs 06-Jan-2021

Summary: Miss X complains the Council failed to ensure her daughter B received adequate education and support at school as set out in her Education, Health and Care Plan (EHCP), then failed to make alternative provision after B stopped attending school. She also complains of delays in updating B’s EHCP and of poor complaint handling. There is fault by the Council in that B’s EHCP was slightly delayed, but no evidence this caused injustice.

Central Bedfordshire Council (19 020 891)

Statement Closed after initial enquiries Special educational needs 05-Jan-2021

Summary: We will not investigate this complaint about the Council’s handling of Mrs Q’s son’s Education, Health and Care plan. This is because she has either appealed to SENDIST or could have done so. In addition, we are unlikely to find fault with the Council on a part of the complaint that could not be appealed to SENDIST. And it would not be a good use of public resources to investigate the Council’s handling of Mrs Q’s complaint in isolation.

Lancashire County Council (20 003 703)

Statement Not upheld School admissions 05-Jan-2021

Summary: Mr B complained that the Council had failed to explain why his address did not fall within the geographical priority area of their preferred secondary school for their daughter. We find that the parents should have raised this matter at the appeal. We do not find any fault in the appeal process and the Council has clarified the information available for checking the geographical priority area.

Birmingham City Council (19 015 148)

Statement Upheld Special educational needs 05-Jan-2021

Summary: The Council failed to provide Mr D’s son with educational support in accordance with his Education, Health and Care Plan. Mr D’s son missed out on approximately four weeks of full-time suitable education. The Council has agreed to make a payment of £400 to remedy the injustice this has caused.

Nottinghamshire County Council (20 007 480)

Statement Closed after initial enquiries Special educational needs 05-Jan-2021

Summary: We cannot investigate Miss X’s complaint about the adequacy of an Education Health and Care Plan as the Tribunal is considering this. We will not investigate whether any Council delays caused Miss X an injustice until the Tribunal finishes and the final needed provision is known.

Surrey County Council (19 018 109)

Statement Upheld Special educational needs 05-Jan-2021

Summary: The Council were at fault in how it dealt with a review of Mrs Y’s daughters Education Health and Care (EHC) plan. The Council has now agreed to make a payment that recognises the injustice this caused.

All Hallows R C High School (20 001 988)

Statement Upheld Covid-19 04-Jan-2021

Summary: Mr Q complained an independent appeals panel had failed to properly consider his appeal for a school place for his daughter, R. This had caused the family significant distress. There is evidence of fault and the school has agreed to hold a fresh appeal.

Kent County Council (20 003 233)

Statement Not upheld Covid-19 04-Jan-2021

Summary: Ms X complained that the Council failed to provide support from the Disabled Children’s Service for her severely disabled son during the COVID-19 pandemic. We have decided not to investigate the complaint further. This is because the issues in the complaint overlap with another complaint we are already investigating.

London Borough of Waltham Forest (19 016 588)

Statement Upheld Special educational needs 23-Dec-2020

Summary: Mr X complained the Council wrongly refused to complete Education, Health and Care needs assessments for his two children. He said the Council upheld his complaint but has not yet paid him the financial remedy it offered. The Council was at fault. There was poor service and delay which caused Mr X frustration and distress. It has agreed to pay Mr X £300 to recognise the frustration and distress caused but also to recognise the further frustration caused by additional delay in completing the assessments after it upheld his complaint.

Norfolk County Council (19 016 828)

Statement Upheld Alternative provision 21-Dec-2020

Summary: Mr X complained after the Council stopped providing alternative education for his daughter, D at home. He said D was not well enough to return to school for alternative provision and the Council’s decision left him with no choice but to electively home educate. The Council was at fault in how it ended D’s home tuition, however that fault did not cause D an injustice.