London Borough of Brent (20 005 445)

Statement Upheld Special educational needs 11-Mar-2021

Summary: Ms X complains about the Council’s actions in relation to her son’s special educational needs. She complains about the delays in the annual review process in 2019 and delay in the Council naming a special school in her son’s education, health and care (EHC) plan. We find fault as there was delay in the Council responding to the annual review report. We have made recommendations.

City of Bradford Metropolitan District Council (19 019 805)

Statement Upheld Special educational needs 10-Mar-2021

Summary: Miss K has made a complaint for her son who has special educational needs. The Council was at fault for failing to provide an Education and Health Care Plan in compliance with the statutory code timetable. This caused a period of distress to Miss K and arguably delayed the date her son was able to undertake full-time education. However, Miss K had a right of appeal about the naming of a school placement. This means that by law, the Ombudsman cannot remedy any injustice beyond the date the right of appeal occurred. Also, the Ombudsman cannot remedy any fault by reason of the Council not providing suitable education to Child A.

Birmingham City Council (19 004 079)

Statement Upheld Special educational needs 10-Mar-2021

Summary: Mrs X complained the Council delayed in holding her son, Mr Z’s, annual review of his Education, Health and Care Plan, mishandled the process when she asked for a personal budget to pay for provision because she was home schooling him, and then delayed in providing the funds once the Council had agreed them. The Council was at fault in how it carried out the annual review and personal budget processes. It also delayed by 6 months in providing the agreed funds. The Council has agreed to provide evidence it has carried out the service reviews it had identified before this Ombudsman investigation. It has also agreed to make Mrs X a payment to acknowledge the injustice the faults caused her and Mr Z.

London Borough Of Barnet (19 017 963)

Statement Upheld Other 10-Mar-2021

Summary: We have concluded our investigation into Mrs C’s complaint about how the Council dealt with her daughter’s attendance issues. We find that there is no evidence of fault, other than that which the Council had already identified and remedied.

Birmingham City Council (20 004 510)

Statement Upheld School transport 09-Mar-2021

Summary: Ms X complained the Council refused to provide school transport for her child, Y, and failed to complete the school transport appeal process. The Council was at fault. It failed to properly consider the application and delayed holding the stage two appeal. The Council has agreed to apologise to Ms X and pay her £100 to acknowledge the frustration caused. It has also agreed to reconsider the application.

Devon County Council (20 006 171)

Statement Upheld Other 09-Mar-2021

Summary: The Council is at fault for losing or failing to keep Ms X’s records from her time in care, including a letter from her birth mother, who is now deceased. The Council has agreed to apologise and pay Ms X £1000 in recognition of the injustice caused.

Lancashire County Council (20 011 125)

Statement Closed after initial enquiries School admissions 09-Mar-2021

Summary: We do not have reason to investigate this complaint from a parent about the way a school admission appeal panel dealt with his appeal for a school place for his son. This is because there is no sign of fault by the panel.

Dorset Council (19 014 279)

Statement Upheld Special educational needs 09-Mar-2021

Summary: the complainant complained the Council failed to provide suitable alternative education while her son remained out of school. The Council says it offered alternatives and re-integration, but the student could not engage with it. It then approved specialist provision. We find the Council acted with fault causing injustice, and the Council agrees with the remedy recommended.

Stoke-on-Trent City Council (20 006 081)

Statement Closed after initial enquiries Special educational needs 08-Mar-2021

Summary: We will not investigate this complaint about education provision for a young adult. This is because parts of the complaint are out of our jurisdiction, and there is no evidence of fault by the Council regarding the discontinuation of an Education and Health Care Plan (EHCP).

West Berkshire Council (19 014 995)

Statement Upheld Special educational needs 08-Mar-2021

Summary: Mrs X complained the Council failed to escalate a complaint she made about safeguarding enquiries it initiated for her daughter Y and did not offer Y suitable alternative education when she had to leave school due to illness. Mrs X also complained the Council sent social workers to visit her home in pairs despite her advising this would negatively affect Y. She said this situation caused her and her family stress and upset. The Council acted with fault when it failed to carry out the Stage 2 investigation within statutory timescales. The Council has agreed to make a payment to Mrs X to address the frustration she experienced because of this.