London Borough of Richmond upon Thames (20 006 315)

Statement Upheld Special educational needs 01-Mar-2022

Summary: the complainant, Mrs X, complained the Council failed to properly manage the education provided for her son Y leading to delay in the right to appeal an EHC Plan and discuss possible funding for alternative provision. The Council accepted it failed to act without delay, apologised and offered a remedy. We found the Council at fault causing injustice for which the Council will apologise and pay £1,500.

Kent County Council (21 002 769)

Statement Upheld Special educational needs 01-Mar-2022

Summary: Dr X complained about how the Council prepared and issued Z’s Education, Health and Care plan. The Council delayed issuing the plan and failed to effectively communicate with Dr X about the progress of Z’s assessment. This caused Dr X and Z avoidable frustration and uncertainty. The Council agreed to make a payment to Dr X and to make service improvements to prevent the fault occurring again.

Devon County Council (20 009 828)

Statement Upheld Special educational needs 01-Mar-2022

Summary: The Council was at fault when it failed to consult Mr and Mrs X or Miss Y about the changes it was planning to make to her Education, Health and Care Plan. This caused Mr and Mrs X avoidable distress and frustration. The Council agreed to make the recommendations we set out to remedy the injustice its actions caused to Mr and Mrs X.

Essex County Council (21 016 119)

Statement Closed after initial enquiries Special educational needs 25-Feb-2022

Summary: We will not investigate this complaint about the Council carrying out a review of Mr X’s child’s speech and language therapy and sharing it without his permission. These matters are not separable from decisions about the nature of the child’s special educational needs, which it is for a Special Educational Needs and Disability Tribunal to decide.

Kent County Council (21 010 429)

Statement Upheld Special educational needs 25-Feb-2022

Summary: Mrs X complained about delays with assessments and issuing a final Education Health and Care Plan (EHCP) for her daughter. She said the delays had detrimental effect on her daughter’s progress especially in view of her age and the nature of her special educational needs. We find the Council at fault for the delay in completing the EHCP and delivering special educational provisions to Mrs X’s daughter. We also find fault in the way the Council communicated with Mrs X and how it handled the complaint. The Council accepted our recommendations.

Hertfordshire County Council (21 014 636)

Statement Closed after initial enquiries Special educational needs 24-Feb-2022

Summary: We will not investigate this complaint about Education Health and Care Plan provision as Mr and Mrs X have appealed to the Tribunal.

Norfolk County Council (21 002 121)

Statement Upheld Special educational needs 24-Feb-2022

Summary: Mrs X complained about the Council’s failure to provide her son, who has special educational needs, with suitable education for 20 months. We have found the Council to be at fault because it allowed the case to drift and did not communicate properly with Mrs X. To remedy the injustice caused, the Council has agreed to apologise and make a payment to Mrs X. It already has a strategy in place to address the shortage of specialist placements in its area. We were unable to investigate part of Mrs X’s complaint because she had appealed to the Tribunal.

Southend-on-Sea City Council (21 005 548)

Statement Upheld Special educational needs 24-Feb-2022

Summary: Ms A complains the Council failed to provide the provision in Child X’s Educational Health and Care plan. Ms A complains this means her son has missed education and support he should have been receiving. The Ombudsman finds fault with the Council for failing to provide the agreed provision, and for failing to provide suitable alternative provision in the interim. The Council has agreed to provide a financial remedy in recognition of the lost provision and distress caused. The Council has also agreed to consider service improvements.

Surrey County Council (19 018 864)

Statement Upheld Special educational needs 23-Feb-2022

Summary: Mrs D complained about the actions the Council took in respect of her son, B’s, special educational needs after he was out of school from March 2019. She also complained that the Council delayed excessively in dealing with her complaint about the matter. We found some fault in the Council’s actions. The Council has agreed to pay Mrs D a total of £900 and improve its procedures for the future.

Devon County Council (20 014 128)

Statement Upheld Special educational needs 23-Feb-2022

Summary: Mr X complained about delay by the Council in issuing an Education, Health and Care Plan for his daughter, refusing direct payments and failing to make special educational needs provision. We found fault by the Council. The Council had already provided a partial remedy however we recommended a further financial payment and service improvements.