Kent County Council (19 016 053)

Statement Upheld Special educational needs 12-Jan-2022

Summary: There was delay by the Council in putting provision in place for B’s Education, Health and Care Plan. The Council has agreed a remedy.

London Borough of Redbridge (20 001 927)

Statement Upheld Special educational needs 11-Jan-2022

Summary: Miss X complains that the Council failed to provide special educational provision for her daughter in line with her Education, Health and Care plan. She also complains that the Council ignored her request for a personal budget and failed to respond to her complaint. Miss X says her daughter lost out on provision she was entitled to receive. She says the Council’s failures have caused her unnecessary distress, anxiety and stress, and meant she spent time and trouble trying to resolve the problems. The Ombudsman finds the Council at fault. The fault caused Miss X injustice. The Council will apologise to Miss X and make a payment to reflect the injustice. The Council will also make an improvement to its service.

Derbyshire County Council (21 001 166)

Statement Upheld Special educational needs 11-Jan-2022

Summary: Miss X complained the Council delayed amending her son, C’s, Education Health and Care plan and failed to provide alternative education after C could not attend school. The Council accepted it was responsible for faults in the EHC review process and delays in providing C with a suitable education. The Council provided a suitable remedy for C’s missed education and the impact on Miss X. However, it failed to provide a remedy for C’s distress. It agreed to apologise to C and fund a suitable gift to recognise the impact on him.

West Sussex County Council (20 006 584)

Statement Upheld Special educational needs 10-Jan-2022

Summary: Ms C says the Council was at fault for taking a year and a half to process her son, X’s, application for an Education, Health and Care Plan and for other faults made during the EHCP process. She says this has caused injustice to X because he missed out on education. The Council was not at fault for delays in processing Ms C’s application. It was, though, at fault for a failure to provide information that Ms C had requested. It should take steps to improve its information management systems.

Kent County Council (20 008 943)

Statement Upheld Special educational needs 10-Jan-2022

Summary: Miss X complained about how the Council prepared and issued Z’s Education, Health and Care plan. The Council delayed in issuing the plan and failed to put alternative provision in place when it was aware Z was out of education. This caused Miss X avoidable frustration and meant Y was without suitable education for seven months. The Council has agreed to apologise, make a payment to Miss X and makes service improvements to prevent the fault occurring again.

South Gloucestershire Council (21 006 374)

Statement Not upheld Special educational needs 10-Jan-2022

Summary: We stopped investigating Miss X’s complaint about her son’s education because it is reasonable for the Council to conclude its independent investigation of her complaint.

London Borough of Bromley (21 011 276)

Statement Closed after initial enquiries Special educational needs 07-Jan-2022

Summary: We will not investigate this complaint about Education Health and Care Plan process faults. The Tribunal is considering the case. We cannot consider the same issues. The injustice from any separable issues cannot be established until the Tribunal’s conclusion.

Devon County Council (21 012 365)

Statement Closed after initial enquiries Special educational needs 07-Jan-2022

Summary: We cannot investigate this complaint about how the Council carried out an education health and care needs assessment. This is because the complainant has used her right of appeal to a tribunal, which places the matter outside of our jurisdiction. Other matters raised happened too long ago and I see no reason to exercise discretion and investigate them now.

London Borough of Barnet (21 012 863)

Statement Closed after initial enquiries Special educational needs 07-Jan-2022

Summary: We will not investigate this complaint about the Council’s response to a request for a special educational needs assessment. This is because the decisions the Council has made carry the right of appeal to a tribunal, and the delay is not so significant as to warrant our intervention.

Warwickshire County Council (20 008 422)

Statement Closed after initial enquiries Special educational needs 06-Jan-2022

Summary: We will not investigate Mr X’s complaint about the Council’s Education Health and Care Plan failures since June 2020. Mr X has appealed to the Tribunal.