London Borough of Bromley (21 005 410)

Statement Upheld Special educational needs 27-Mar-2022

Summary: Mrs J complains the Council delayed issuing a final EHC Plan for her grandson and has failed to provide him with a full-time education or with a personal budget for education out of school. We have found fault causing injustice. The Council has agreed to make a payment to Mrs J and review its procedures.

Wiltshire Council (21 006 054)

Statement Upheld Special educational needs 25-Mar-2022

Summary: Mr E complained the Council failed to consult him when it assessed if his son should have an Education, Health and Care Plan and took too long to correct statements in that plan which were inaccurate or distressing to him. He also complained it had not done enough to monitor education his son has received at home, being provided by the child’s mother. We upheld the first part of the complaint but considered the Council had provided a satisfactory remedy for any injustice caused to Mr E.

London Borough of Newham (21 002 639)

Statement Upheld Special educational needs 25-Mar-2022

Summary: Mr C complained that the Council took too long to prepare an education, health and care plan for his son, X. The Council has accepted it was at fault. The fault caused Mr C injustice in the form of distress and frustration. However, it did not adversely affect X’s education. As the Council is already working with the Department for Education to improve its special educational needs systems, we have made no recommendations for systems improvements. The Council has agreed to apologise and pay Mr C a sum in recognition of the distress the family has been caused.

Worcestershire County Council (20 012 753)

Statement Upheld Special educational needs 25-Mar-2022

Summary: Mrs X complained the Council failed to provide her daughter with alternative educational provision while she was out of school and delayed the Education, Health and Care plan procedure. The Council accepts it failed to provide educational provision and offered an apology and a payment toward childcare costs. We find the Council acted with fault and the remedy offered did not reflect the injustice caused. The Council has agreed to our further recommendations to reflect the injustice caused by fault.

Bedford Borough Council (21 017 480)

Statement Closed after initial enquiries Special educational needs 23-Mar-2022

Summary: We cannot investigate this complaint about alleged breaches of the law by the Council in dealing with Mr X’s son’s special educational needs. Mr X has sought to judicially review the Council’s actions and there is thus an absolute bar against us investigating these matters.

Surrey County Council (21 004 460)

Statement Upheld Special educational needs 23-Mar-2022

Summary: There was fault by the Council in complaint handling for which it has already apologised. We do not uphold a complaint about the Council changing the EHC plan in a way not intended by the Tribunal’s order.

Hampshire County Council (21 003 667)

Statement Upheld Special educational needs 21-Mar-2022

Summary: The complainant alleged that the Council delayed in completing the complainant’s son’s Education, Health and Care (EHC) Plan which, in turn, delayed the son being placed in a suitable school. The complainant also complained that the Council failed to offer any interim alternative provision. We find the Council at fault on the first aspect and have recommended actions to remedy the injustice caused. But we do not find the Council at fault by not offering alternative education because the complainant decided to withdraw her son from school and home educate.

Northumberland County Council (21 004 239)

Statement Upheld Special educational needs 21-Mar-2022

Summary: Miss X complained the Council failed to regularly review her son, Y’s, Education, Health and Care Plan (EHCP), resulting in loss of support. We find the Council failed to ensure Y’s EHCP was reviewed when it should have been. We recommend the Council apologise, make payment for time, trouble, and uncertainty, and remedy any similar fault affecting others.

Liverpool City Council (21 000 731)

Statement Upheld Special educational needs 21-Mar-2022

Summary: Mrs G complained the Council failed to complete her son’s EHC Plan within the statutory timescales and secure his special educational provision. She also said it communicated poorly with her. The Council agreed it was at fault and provided a remedy to Mrs G. We found the Council’s remedy was not enough. It agreed to make a further payment to acknowledge the distress its faults caused Mrs G and her son’s loss of educational provision.

Surrey County Council (21 002 322)

Statement Upheld Special educational needs 18-Mar-2022

Summary: Mrs D complained that the Council failed to provide sensory integration therapy to her son (B) as agreed at his annual review in June 2020, failed to explain the reasons for the failure, delayed in issuing the final amended EHC plan and failed to communicate clearly or promptly during this period. We found fault with the Council’s actions which has caused Mrs D and B frustration and time and trouble. The Council has agreed to increase its payment to Mrs D and makes a payment to B.