Buckinghamshire Council (21 004 656)

Statement Upheld Special educational needs 22-Feb-2022

Summary: Mr and Mrs B complained the Council failed to finalise their two children’s amended Education, Health and Care Plans within the statutory timescales after its annual reviews. They also said it caused delays in paying the agreed personal budgets and its complaint’s process was flawed. The Council apologised and accepted it was at fault for errors and delays in finalising the EHC Plans and paying the personal budgets. It also accepts it failed to respond to some communication. We found the Council’s apology was not enough. It agreed to make payment to Mr and Mrs B to acknowledge the distress and time and trouble they experienced. It also agreed make payment for their children’s lost special education needs provision.

Birmingham City Council (21 003 014)

Statement Upheld Special educational needs 21-Feb-2022

Summary: There was fault in failing to ensure a young person with special educational needs, who could not attend school due to anxiety, received suitable education and a successful transition to post-16 learning. This caused distress and uncertainty about whether, but for the fault, the young person’s outcome may have been different. Recommendations for an apology and financial payment are made.

Cheshire West & Chester Council (21 000 761)

Statement Upheld Special educational needs 21-Feb-2022

Summary: Ms Y complained the Council failed to provide her son with support set out in, delayed the review and amendment of, his Education, Health and Care Plan, and failed to provide him with a suitable education. We have found fault by the Council 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 reflect Ms Y’s upset and time and trouble.

East Sussex County Council (21 003 891)

Statement Not upheld Special educational needs 18-Feb-2022

Summary: Mrs X complains the Council has not provided Special Educational Needs (SEN) provision for her son. The Council is not at fault.

Birmingham City Council (21 000 418)

Statement Upheld Special educational needs 18-Feb-2022

Summary: Mrs X complained that the Council failed to name a school in her son’s Education, Health and Care plan within legal timescales and delayed issuing the final plan. Mrs X said the delays denied her a right to appeal to the Tribunal, and caused her uncertainty, frustration, and stress. She also said it took time and trouble to resolve the problem, and had a significant impact on her and her family. We find the Council at fault, and this fault caused Mrs X and her son injustice. The Council has agreed to apologise and make a payment to Mrs X to reflect the injustice.

London Borough of Southwark (21 001 405)

Statement Upheld Special educational needs 17-Feb-2022

Summary: There was delay by the Council in putting in place alternative education when a child was unable to attend school due to ill-health or ‘otherwise’. The Council has agreed to apologise, make a financial payment and make service improvements.

Westminster City Council (21 015 613)

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

Summary: We will not investigate this complaint about the Council’s refusal to assess Ms X’s child for an Education Health and Care Plan.

Kent County Council (21 004 641)

Statement Upheld Special educational needs 14-Feb-2022

Summary: We upheld a complaint about a delay in issuing an Education, Health and Care Plan. The delay caused avoidable distress, a delay in appeal rights and a loss of education provision for Y who has autism. The Council will apologise, make payments and take action described in this statement.

London Borough of Richmond upon Thames (21 006 581)

Statement Upheld Special educational needs 14-Feb-2022

Summary: Mrs D complains about the Council’s handling of her son F’s Education, Health and Care plan. She says it did not adhere to the Special Educational Needs and Disabilities Code of Practice. Mrs D says she had to pay for privately arranged therapy and F missed education due to the Council’s failures. We find fault by the Council for how it managed F’s Education, Health and Care plan. However, the Council has already offered Mrs D an apology and proportionate payment for the distress its actions caused.

London Borough of Lewisham (21 007 956)

Statement Upheld Special educational needs 14-Feb-2022

Summary: Mr X complained that the Council failed to provide his disabled son, Mr P, with an educational placement for up to two years. He says this has caused Mr X and his wife, Mrs X an injustice as the family have had to care and educate Mr P themselves. He considers Mr P has suffered an injustice as he has had little education, his mental state has deteriorated and he has been unable to exercise in the way his condition requires. The Ombudsman does not intend to investigate as the Council has not been given an opportunity to resolve the complaint by going through the full complaints process.