London Borough of Bromley (19 017 617)

Statement Upheld Special educational needs 21-Dec-2020

Summary: Ms F complains the Council took too long to hold a review of her son’s EHC Plan and to issue an updated Plan. She says this has prevented her from using her right of appeal to the SEND Tribunal and denied her son the SEN provision he needs. We have found fault. The Council has agreed to apologise and make a payment to Ms F.

Devon County Council (20 008 140)

Statement Closed after initial enquiries Other 18-Dec-2020

Summary: We will not investigate this complaint about alleged discrimination by the Council. This is because it is unlikely we would find fault, we cannot achieve the outcome sought and the court is better placed to consider this complaint.

Staffordshire County Council (19 011 998)

Statement Upheld Special educational needs 17-Dec-2020

Summary: Ms J complains the Council failed to provide education to her son, K, throughout 2019. K was not attending school and the Council decided to prosecute her for his non-attendance. This caused her distress and K missed a service he was entitled to receive. When she made complaints, the Council failed to deal with them in a timely way causing time and trouble. The investigation found evidence of fault in failing to provide K with education from September to December 2019. It also found evidence of fault in the Council’s complaints handling.

Archbishop Beck Catholic College (20 000 531)

Statement Upheld Covid-19 17-Dec-2020

Summary: We upheld Mr X’s complaint about an unsuccessful school appeal for his son, Y. The panel did not ensure Y’s mother could take part in the hearing. This caused uncertainty the panel had all the information it needed to make an informed decision. The Admission Authority will offer a fresh appeal for Y, ensuring both parents can take part.

East Riding of Yorkshire Council (20 002 298)

Statement Upheld Covid-19 17-Dec-2020

Summary: Miss V complained an independent appeal panel had failed to act fairly when considering her daughter, W’s, case for a place at the school of her choice. This caused huge distress to Miss V and W. The Council has agreed to convene a fresh appeal panel, with a new clerk, to hear the case.

Tameside Metropolitan Borough Council (20 007 166)

Statement Closed after initial enquiries Covid-19 17-Dec-2020

Summary: We will not investigate Mr X’s complaint about the Council’s children’s services’ involvement at this time. This is because the courts are currently involved, and the scope of our investigation and any assessment of injustice caused to the family relies on the outcome of the court process. It is open to Mr X to bring his complaint back to us after those proceedings have finished.

Barnsley Metropolitan Borough Council (19 008 029)

Statement Upheld Special educational needs 16-Dec-2020

Summary: Mrs X complained about the Council’s lack of support for her children, A and B, who have special educational needs. The Council was at fault for a delay in issuing an amended Education Health and Care plan for A in early 2019, a delay in providing a listening device for A, the failure to ensure all the speech and language provision in A’s plan was delivered between April and September 2019, and the failure to identify a specialist dyslexia tutor for both boys. It should pay Mrs X £1,000 to remedy the frustration and time and trouble the faults caused her, and the injustice and uncertainty the lack of support caused the boys.

Walsall Metropolitan Borough Council (19 018 061)

Statement Upheld Special educational needs 16-Dec-2020

Summary: Mr B, complains the Council has failed to deliver suitable support for his children’s special educational needs and to reassess their needs. He also complains the Council failed to respond to his complaints. The Council delayed reassessing and issuing Mr B’s children with new Education, Health, and Care plans, this caused injustice to Mr B and his children. The Council has agreed to issue the children’s Education, Health and Care plans within one week of this decision and to make a financial remedy to Mr B for the delay.

Barnsley Metropolitan Borough Council (20 002 315)

Statement Upheld Special educational needs 16-Dec-2020

Summary: The Council was not at fault for delaying a review of an Education, Health and Care plan, as it is permitted to do this under the Coronavirus Regulations. The Council was at fault for failing to provide the complainant with a corrected version of the plan in July 2019, but this did not cause an injustice. The Council was also at fault for failing to register a complaint about these matters, which caused an injustice it has agreed to remedy. The Council has also agreed to take steps to ensure this fault does not recur.

Royal Borough of Greenwich (20 003 831)

Statement Not upheld Special educational needs 16-Dec-2020

Summary: The Ombudsman will discontinue Mrs B complaint that the Council delayed issuing her son’s final EHC Plan. This is because it is not possible to assess the extent of any injustice until the provision he should have been receiving is known. A Tribunal is currently deciding this.