Hampshire County Council (21 017 116)

Statement Closed after initial enquiries Alternative provision 16-Mar-2022

Summary: We will not investigate Ms X’s complaint the Council has failed to provide D with an education. We cannot investigate the education a school provided or issues which the Tribunal is covering.

Bolton Metropolitan Borough Council (21 008 315)

Statement Not upheld Alternative provision 14-Mar-2022

Summary: The complainant, supported by her advocate, complained that the Council failed to provide alternative education to her daughter when she was unable to attend her primary school because of her medical needs. We do not find fault. But the Council has agreed to consider a fresh complaint about the alleged delay in completing the daughter’s Education, Health and Care Plan. We are therefore closing the complaint.

Suffolk County Council (21 002 326)

Statement Upheld Alternative provision 09-Mar-2022

Summary: Mr and Mrs X complain the Council failed to ensure appropriate education was provided to meet their son’s, Y’s, needs as set out in his Education, Health, and Care Plan. The Ombudsman finds the Council at fault for not properly considering its duties to provide alternative education. The Council will apologise to Mr and Mrs X and make a payment to reflect the injustice. The Council will also make improvements to its service.

Buckinghamshire Council (21 004 622)

Statement Upheld Alternative provision 04-Mar-2022

Summary: Mr X complained the Council failed to provide his son, F, with alternative provision or any education between February 2020 and July 2021. The Council failed to provide alternative provision for F between September and December 2020. The Council agreed to pay Mr X a total of £1650 to acknowledge F’s lost educational opportunity and for the upset and uncertainty caused to him.

Hampshire County Council (21 002 569)

Statement Upheld Alternative provision 17-Feb-2022

Summary: Ms Y complained the Council failed to issue an amended Education, Health and Care Plan (EHC Plan) for her son, B, and failed to provide him with suitable education while it found a new placement over a two-year period. The Ombudsman has found fault by the Council causing Ms Y and B injustice. The fault denied Ms Y her appeal rights to the SEND Tribunal and B missed out on a suitable education. To remedy this, the Council has agreed to apologise to Ms Y and B, make them several payments as well as certain service improvements.

Birmingham City Council (21 003 535)

Statement Upheld Alternative provision 15-Feb-2022

Summary: Ms X complains on behalf of Y, that he was not provided with any education specified within his Education, Health and Care plan between January 2020 and April 2021. She says the Council missed an opportunity to secure a placement for him at a suitable school as it did not agree to fund it in time. Ms X also says that complaints that were made to the Council were responded to with inaccurate information. We find fault with the Council for the delay in funding the education placement for Y and for its complaint handling. The Council has suggested remedies during this investigation which are sufficient to remedy the injustice caused to Y, and to improve its services for the future.

Oxfordshire County Council (21 003 092)

Statement Upheld Alternative provision 03-Feb-2022

Summary: The Council was at fault for failing to provide appropriate education and special educational provision to Ms X’s son. It was also at fault for not reviewing Ms X’s son’s Education Health and Care plan within the required timeframe. The Council has agreed to apologise, make a payment for loss of education and special educational provision and review its practices for Annual Reviews of Education, Health and Care plans.

Reading Borough Council (21 003 327)

Statement Upheld Alternative provision 02-Feb-2022

Summary: Mrs X complains that the Council failed to provide a suitable education for her daughter when she was unable to attend school due to ill health. She says the remedy offered is inadequate. She also states she was given inadequate information on the implications of home educating or the available alternatives. The Council is at fault and has caused injustice to Mrs X’s daughter. It has agreed an enhanced financial remedy and a service improvement.

London Borough of Newham (21 010 091)

Statement Upheld Alternative provision 21-Jan-2022

Summary: Mrs X complained that the Council failed to provide her son, D, with a suitable education for up to a year. We found the Council at fault in a number of areas and the Council agreed to recommendations to remedy the injustice the faults had caused. The Council failed to provide evidence of compliance with all our recommendations. This was concerning from a public interest point of view because our investigation raised concerns about the Council’s special educational needs department. We have made further recommendations, which the Council has agreed to.

Hertfordshire County Council (20 007 637)

Statement Upheld Alternative provision 22-Dec-2021

Summary: Mr and Mrs B complained that the Council failed to make appropriate educational provision for their daughter when she was unable to attend school because of ill-health. They also say there were failings in the way the Council dealt with her education, health and care plan (EHCP). We found the Council delayed in issuing the EHCP and failed to properly explain the procedure to Mr and Mrs B. There is also uncertainty about whether the Council told them they could cancel the online tuition program they had arranged. These failings caused the family distress and anxiety. In recognition of this, the Council has agreed to apologise to Mr and Mrs B and make a payment to them.