London Borough of Wandsworth (21 000 301)

Statement Upheld Special educational needs 05-Jan-2022

Summary: The Council failed to complete an education, health and care needs assessment for Ms B’s daughter started in 2017 and failed to issue a final education, health and care plan. It also failed to tell Ms B that her daughter had an SEN caseworker. In recognition of the injustice caused, the Council has agreed to make a payment to Ms B. The Ombudsman does not uphold Ms B’s complaint that the Council failed to make adjustments to enable her daughter to attend a sensory food group at her school.

Surrey County Council (21 001 768)

Statement Upheld Special educational needs 05-Jan-2022

Summary: Mrs X complained the Council failed to offer her son Y, a suitable education for over two years. She also complained the Council provided a tutor who behaved inappropriately. She said this caused her stress and negatively impacted Y’s development. The Council was at fault when it delayed holding an annual review and issuing a finalised EHC Plan for Y. There is no evidence this caused an injustice to Y and the Council has already remedied this fault.

Luton Borough Council (21 004 897)

Statement Not upheld Special educational needs 04-Jan-2022

Summary: Mrs M complains on behalf of her son who has special educational needs. She says the Council has not provided specialist education provision which is set out in her son’s Education and Health Care Plan (EHCP). Further, Mrs M is unhappy with the Council’s decision to amend her son’s EHCP. We have not identified any fault by the Council in satisfying the requirements of the EHCP. In addition, we have no jurisdiction to investigate any part of Mrs M’s complaint insofar as it relates to the provision contents of the EHCP. This is because Mrs M could reasonably have exercised her right of appeal to a statutory tribunal.

Royal Borough of Greenwich (21 009 787)

Statement Closed after initial enquiries Special educational needs 04-Jan-2022

Summary: We will not investigate this complaint about the level of support provided for the complainant’s daughter who has special educational needs. This is because we should not investigate matters which can be appealed to a tribunal. In the remaining part of the complaint there is not enough evidence of fault to justify an investigation.

Brighton & Hove City Council (19 017 233)

Statement Upheld Special educational needs 23-Dec-2021

Summary: Ms X complained that the Council failed to ensure all the provision in her son’s Education Health and Care Plan was put in place. We find that while there was some delay in putting in place some of the specific provision Ms X wanted, for the most part this was not the result of fault by the Council. In some cases there is evidence the support was provided. In others the Plan did not specify particular programmes to be used. There are two areas where support was lacking where the Council has agreed a remedy. The Council accepts it should have had more oversight of the provision and has provided details to the Ombudsman on improvements it has made in its procedures.

Buckinghamshire Council (20 008 958)

Statement Upheld Special educational needs 22-Dec-2021

Summary: Mr B complained that the Council failed to secure the provision set out in his son’s education, health and care plan. The Ombudsman finds that the Council failed to provide counselling for Mr B’s son as required by the plan. The Council has agreed to make a payment to Mr and Mrs B in recognition of the time and trouble they were put to in arranging counselling themselves.

Liverpool City Council (21 012 524)

Statement Closed after initial enquiries Special educational needs 21-Dec-2021

Summary: We cannot investigate this complaint about an Education Health and Care Plan. This is because the matter has been considered and determined by the First-tier Tribunal (Special Educational Needs and Disability).

Surrey County Council (20 006 194)

Statement Upheld Special educational needs 20-Dec-2021

Summary: Mrs D complains the Council did not do enough to provide her son with alternative education after he stopped attending school for medical reasons. And about a delay in completing an Education, Health and Care plan. The Ombudsman has not investigated some of the complaint. But we have found fault with parts of the complaint we have investigated. The Council has agreed to our recommendations.

Manchester City Council (21 002 282)

Statement Not upheld Special educational needs 17-Dec-2021

Summary: Ms X complained the Council failed to issue her son, Y’s, Education, Health and Care Plan in line with the statutory timescales and failed to secure Y’s education from December 2019 to July 2021 and the provision in his Plan from February 2021 until July 2021. Our investigation was limited to the period March to July 2020 as Ms X used her appeal rights for the other periods. The delays in issuing Y’s draft Plan did not cause him an injustice. There was no fault in the Council’s actions in relation to securing Y’s educational provision.

Kent County Council (20 012 090)

Statement Upheld Special educational needs 17-Dec-2021

Summary: Mrs D complained about the Council’s delays in issuing her son’s Education, Health and Care plan after her request for an assessment. We find the Council was at fault because it took too long to issue the final Education, Health and Care plan. It also delayed responding to Mrs D’s complaint. The Council has agreed to our recommendations to address Mrs D’s injustice.