Cheshire West & Chester Council (20 006 662)

Statement Not upheld School transport 24-Mar-2021

Summary: Mrs X complains the Council wrongly declined an appeal against its decision not to provide her child with assisted transport to school. Mrs X says the Council’s decision has adversely affected her child’s mental wellbeing. She would like the Council to provide her child with assisted transport and to review its school transport policy. We find no fault in the Council’s actions and have concluded our investigation.

Hampshire County Council (19 010 890)

Report Upheld Special educational needs 24-Mar-2021

Summary: Mrs Y complained the Council delayed issuing an amended Education, Health and Care Plan (EHC Plan) for her son, Z, and failed to provide him with suitable education while it found a new placement.

St Olave's and St Saviour’s Grammar School (19 016 404)

Report Upheld School admissions 23-Mar-2021

Summary: Mr B complained about various matters related to his son’s application for a place in the sixth form at St Olave’s and St Saviour’s Grammar School. The main areas of his complaint related to the way in which the admissions authority decided not to honour its conditional offer of a place after his son achieved a slightly lower grade in a GCSE subject that he did not intend studying at A Level, and the independent appeal panel’s handling of his son’s subsequent appeal against that decision.

Leicestershire County Council (19 018 910)

Statement Upheld Special educational needs 23-Mar-2021

Summary: the Council delayed issuing a decision that it would not amend Mr F’s Education, Health and Care Plan following an annual review meeting in March 2019. This amounts to fault that caused injustice in the form of frustration and avoidable time and trouble. The Council has already apologised for this but will now make a payment of £100 to further recognise the injustice this caused. There is no fault in regard to provision made under the Plan. The other parts of the complaint are out of jurisdiction as Mr F’s mother appealed to the Special Educational Needs and Disability Tribunal about them on his behalf.

Derbyshire County Council (20 006 938)

Statement Closed after initial enquiries Special educational needs 22-Mar-2021

Summary: Mr X complained the Council failed to arrange a proper assessment of his daughter’s needs and then refused to refund the costs of the assessment when he commissioned it. I have discontinued my investigation because the Ombudsman cannot investigate this complaint. This is because the matter is inextricably linked to the matters considered by the Special Educational Needs and Disability Tribunal and is, therefore, outside our jurisdiction.

Staffordshire County Council (19 016 349)

Statement Upheld Special educational needs 19-Mar-2021

Summary: There was fault in how the Council dealt with the Special Educational Needs provision of the complainant’s daughter. The Council has agreed to make payments to remedy the injustice this caused.

Buckinghamshire County Council (19 018 053)

Statement Upheld Special educational needs 19-Mar-2021

Summary: Mr and Mrs E complained about the Council’s delays in dealing with their son’s Education, Health and Care plan. They also complained about the Council’s communication with them. We find the Council delayed dealing with Mr and Mrs E’s son’s Education, Health and Care plan and delayed providing him with alternative and specialist provision. The Council also failed to update Mr and Mrs E and delayed responding to their correspondence. The Council has agreed to our recommendations to address the injustice caused.

Kent County Council (20 011 174)

Statement Closed after initial enquiries School transport 18-Mar-2021

Summary: We will not investigate Mrs X’s complaint about her daughter’s post-16 transport. This is because there is not enough evidence of fault causing injustice.

Wirral Metropolitan Borough Council (20 011 765)

Statement Closed after initial enquiries School admissions 18-Mar-2021

Summary: On the evidence currently available, we will not investigate Mrs X’s complaint about the Council’s school admissions team failing to update its records and about an alleged breach of data protection. This is because Mrs X can appeal to an Independent Appeal Panel and it would be reasonable for her to use her right of appeal. Mrs X can also contact the Information Commissioner’s Office about the alleged breach of data protection as it is a better suited body to consider her issue.

Lancashire County Council (20 001 408)

Statement Upheld Special educational needs 18-Mar-2021

Summary: Mrs B’s child has an Education, Health and Care plan. She complained the Council failed to take appropriate action in respect of her child’s education when they were unable to attend school for health reasons. We find there was fault by the Council in the EHC plan process. The faults identified led to injustice, for which an apology and financial remedy have been agreed.