Suffolk County Council (20 013 745)

Statement Upheld Special educational needs 15-Mar-2022

Summary: Mrs Y complained the Council failed to provide her son with support set out in his Education, Health and Care Plan, failed to provide information about options at his new placement, and about its failures in communicating with her. We have found fault by the Council in failing to provide the support in the Plan and the way it communicated with Mrs Y, causing injustice. The Council has agreed to remedy this by apologising, making payments to acknowledge the impact on Z of the loss of education and to reflect Mrs Y’s upset and time and trouble.

Kent County Council (21 004 648)

Statement Upheld Special educational needs 15-Mar-2022

Summary: Ms X complained about how the Council handled her son’s (A’s) Educational Health and Care Plan when he transitioned to secondary school. We found the Council was at fault for not complying with regulations and government guidance when it reviewed A’s Plan. The Council’s failure to follow the correct procedure caused Ms X frustration and confusion but did not cause A to miss out on support. The Council has procedures in place to prevent similar issues happening in the future. The Council has agreed to apologise to Ms X.

Leicestershire County Council (21 005 035)

Statement Upheld Special educational needs 11-Mar-2022

Summary: There was delay by the Council in making amendments to an Education, Health and Care Plan after annual reviews. However, this has not caused a significant injustice. The child remained in the same placement and appeal rights while delayed, were not used.

Birmingham City Council (21 007 239)

Statement Upheld Special educational needs 11-Mar-2022

Summary: Ms X complains about the way the Council managed the Education Health and Care Plan process for her son Y. We found fault as the Council delayed issuing Y’s final EHCP and failed to action Ms X’s request for Speech and Language Therapy and Occupational Therapy reports. This caused Y an injustice as he was potentially without the additional support he needed, and Ms X was put to time and trouble in pursuing the matter. We have recommended a suitable remedy and so have completed our investigation.

Suffolk County Council (20 012 688)

Statement Upheld Special educational needs 11-Mar-2022

Summary: There was delay in putting in place provision in an Education, Health and Care Plan following a Tribunal decision. This led to a child missing out on education and social care support. The Council will apologise and make a financial payment.

Devon County Council (21 002 110)

Statement Upheld Special educational needs 10-Mar-2022

Summary: Mr B complained the Council delayed reviewing his son’s, X, special educational needs. And there was further delay in securing a suitable placement for him. He said that as a result X missed out on appropriate education, was caused stress by the school placement he was attending and this placed stress on the family. He said he and his wife were put to time and trouble in pursuing the matter with the Council. There was fault by the Council which caused injustice. The Council will make a payment to Mr B.

Suffolk County Council (20 009 662)

Statement Upheld Special educational needs 09-Mar-2022

Summary: Mr and Mrs X complained about matters relating to their son’s Education, Health and Care Plan. We found the Council failed to provide support required by the child’s plan and we also found fault with the Council’s record keeping. The Council has agreed to our recommendations to remedy the injustice caused.

Tameside Metropolitan Borough Council (21 012 323)

Statement Closed after initial enquiries Special educational needs 09-Mar-2022

Summary: Miss X complains the Council have failed to ensure her son received his special education needs (SEN) provision. We have discontinued our investigation because the Ombudsman cannot investigate this complaint. This is because the matter is inextricably linked to the matters considered by the Special Educational Needs and Disability (SEND) Tribunal and is therefore outside our jurisdiction.

Bournemouth, Christchurch and Poole Council (21 005 330)

Statement Upheld Special educational needs 08-Mar-2022

Summary: Mrs X complained the Council delayed completing her son’s (Y’s) Education Health and Care Plan (EHCP) and communicated with her poorly. Mrs X says this delayed the appeals process, caused distress and disrupted her son’s education. We find the Council at fault for failing to finalise Y’s EHCP on time and not communicating effectively with Mrs X. We recommend the Council apologises to Mrs X and her son, makes a payment for distress and uncertainty, and takes action to improve its processes going forward.

Bournemouth, Christchurch and Poole Council (21 003 516)

Statement Upheld Special educational needs 08-Mar-2022

Summary: The Council was at fault when it delayed issuing an updated Education, Health and Care plan for Mrs X’s daughter, Y after an annual review in November 2020 and reassessment of needs it started in February 2021. This led to Y missing the support she needed and caused her mother, Mrs X, distress and frustration. The Council agreed to follow the recommendations set out to remedy the injustice its actions caused to Mrs X and Y.