Birmingham City Council (20 006 959)

Statement Upheld Special educational needs 18-Mar-2022

Summary: There was fault by the Council in failing to secure provision in an Education, Health and Care plan in 2020 and again in 2021. This led to lost special educational provision, distress and unnecessary time and trouble. Recommendations for an apology, financial payment and service improvements are made.

Kingston Upon Hull City Council (21 006 484)

Statement Upheld Special educational needs 17-Mar-2022

Summary: Ms X complained the Council carried out an annual review of her son, Mr Z’s, Education, Health and Care (EHC) Plan and wrongly stopped his transport provision to college. The Council was at fault when it failed to take account of its duties in relation to post-19 educational travel. As a result, it failed to properly assess whether it was necessary to provide transport for Mr Z to attend college. It has agreed to apologise to Ms X and Mr Z, reassess Mr Z’s needs and pay them £300 each to acknowledge the impact these faults caused them. The Council has also agreed to make service improvements.

Liverpool City Council (21 007 543)

Statement Upheld Special educational needs 17-Mar-2022

Summary: Miss X complained the Council delayed in completing an Education, Health and Care plan for her son, and left him in an unsuitable education setting which did not meet his educational needs. We found the Council at fault. We recommended it apologise to Miss X, pay her £3,300 for loss of education and special educational needs provision, £500 for distress, £250 for time and trouble and act to prevent recurrence.

London Borough of Newham (21 003 006)

Statement Upheld Special educational needs 17-Mar-2022

Summary: The Council was at fault for delaying in putting in place Speech and Language Therapy for Ms X’s son. This caused him injustice as he missed out on provision he should have received. We have made a recommendation to remedy the injustice caused. We have not investigated Ms X’s complaint that the Council failed to provide Y with suitable education. This is because Ms X exercised her appeal rights to the SEND Tribunal.

Birmingham City Council (21 017 067)

Statement Closed after initial enquiries Special educational needs 16-Mar-2022

Summary: We will not investigate this complaint about the Council’s assessment of Ms X’s child’s special educational needs. The matter complained of is not separable from the disputed issue of the nature of the child’s special educational needs. That is a matter where Ms X had a right of appeal to the Special Educational Needs and Disability Tribunal.

Hampshire County Council (21 000 614)

Statement Upheld Special educational needs 16-Mar-2022

Summary: The complainant alleged that the Council delayed in preparing her son’s Education, Health and Care Plan and, as a result, he missed out on receiving a suitable education and support. The Council has accepted there was an avoidable delay. We have recommended an improved remedy for the injustice caused to the family, which the Council has accepted. We are therefore closing the complaint.

London Borough of Hounslow (20 011 281)

Statement Upheld Special educational needs 16-Mar-2022

Summary: Miss B complained that the Council failed to provide alternative education to her child, C when they were unable to attend school for medical reasons and delayed in considering her complaint. We found the Council did not provide alternative education for C for approximately eight months. We recognise the complications caused by the COVID-19 pandemic but still consider this fault caused Miss B and C significant injustice. The Council has agreed to pay Miss B and C a total of £2000. It has already taken action to improve its procedures.

Suffolk County Council (21 005 943)

Statement Upheld Special educational needs 15-Mar-2022

Summary: Mrs Y complained about the way the Council dealt with provision for her son and daughter’s special educational needs. We have found fault by the Council in the delay arranging an assessment for Mrs Y’s son, and in responding to her complaint, causing injustice. The Council has agreed to remedy this by apologising and making a payment to reflect Mrs Y’s upset, time and trouble.

Sheffield City Council (21 017 112)

Statement Closed after initial enquiries Special educational needs 15-Mar-2022

Summary: We cannot investigate this complaint about the Council’s failure to provide alternative education provision for a child out of school because we have already considered that matter. We will not investigate the Council’s failure to pay travel costs for the child to attend his residential placement between 2018 and 2019. This is because these events happened too long ago, and I see no reason why they could not have been raised sooner.

Cumbria County Council (21 016 803)

Statement Closed after initial enquiries Special educational needs 15-Mar-2022

Summary: We will not investigate this complaint about a needs assessment carried out by the Council. This is because the complainant had the right to appeal about the content of the Education Health and Care Plan the Council produced, and it would have been reasonable for her to do so.