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.

Birmingham City Council (21 001 611)

Statement Upheld Alternative provision 15-Dec-2021

Summary: We found fault with the Council for failing to provide child C with alternative provision when they were out of school for nearly 12 months. We also found fault with the Council’s complaint handling. The Council agreed actions to remedy the injustice.

East Sussex County Council (21 002 947)

Statement Upheld Alternative provision 07-Dec-2021

Summary: Ms C complained the Council failed to make arrangements to provide suitable alternative education otherwise than at school for her son, X, who was not able to attend school. She said the school where he was on roll was not able to meet his needs. As a result X did not receive any education for a year. There was fault which caused injustice to Ms C and X. The Council will apologise, make a payment and review its procedures.

Reading Borough Council (21 012 039)

Statement Closed after initial enquiries Alternative provision 07-Dec-2021

Summary: We will not investigate this complaint about alternative educational provision. Mrs X has appealed to the Special Educational Needs and Disability Tribunal against the Council’s refusal to assess her daughter for an Education Health and Care Plan and the matter complained of is not separable from that. A court ruling means we are unable to say what education should be provided in such circumstances, even where a child is not in education. There is not enough evidence of fault to justify investigation of the short period before the Council decision that gave rise to the right of appeal.

Devon County Council (20 002 784)

Statement Upheld Alternative provision 06-Dec-2021

Summary: We found fault by the Council as it failed to secure full-time educational provision for Mr K, a young person with complex needs. We also found the Council failed to arrange regular overnight respite care for Mr K. This placed significant pressure on Mr K’s relationship with his mother, Ms J, and caused them both significant distress. The Council agreed to apologise to Mr K and Ms J and pay a financial remedy in recognition of the impact of this fault on them. We found no fault with the care provided to Mr K by the Mental Health Trust.

Warwickshire County Council (20 013 120)

Statement Upheld Alternative provision 17-Nov-2021

Summary: Mrs X complained the Council did not follow its own process when it refused her application for a personal budget to find tuition for her son Y. She said the Council then failed to reassess her application after it was instructed to do so and did not issue an amended Education Health and Care Plan in line with a Tribunal order. She said the Council’s actions have caused her stress and Y has lost out on his education and development. The Council was at fault when it refused Mrs X’s personal budget application without explanation and delayed providing Y with an amended EHC Plan. The Council took action to address its failure to properly consider Mrs X’s application and this fault is already remedied. The Council should remind its staff of the importance of carrying out recommendations within a timely manner to address the fault caused by the delay.

Hampshire County Council (21 009 720)

Statement Closed after initial enquiries Alternative provision 16-Nov-2021

Summary: We cannot investigate this complaint about the actions of the Council while Mr X’s son was not in school as they are not separable from the content of the child’s EHC Plan, which was a matter for a Special Educational Needs and Disability Tribunal. We cannot consider complaints about the actions of schools.

Portsmouth City Council (21 008 775)

Statement Closed after initial enquiries Alternative provision 09-Nov-2021

Summary: We will not investigate Miss X’s complaint about the Council’s actions in respect of the elective home education she is providing to her son. This is because Miss X’s complaint is inextricably linked to matters subject to court proceedings and is therefore outside the Ombudsman’s jurisdiction.

London Borough of Lewisham (21 004 735)

Statement Closed after initial enquiries Alternative provision 12-Sep-2021

Summary: We will not investigate this complaint about how the Council dealt with his daughter’s education after she stopped attending school in 2019. This is because the events happened too long ago.

London Borough of Croydon (20 005 449)

Statement Upheld Alternative provision 12-Aug-2021

Summary: Ms C complained about the Council’s failure to ensure her child was provided with a suitable education when she was unable to attend school for health reasons. We find there were several faults in the Council’s actions in this matter, leading to injustice for Ms C. A remedy has been agreed.