Stockport Metropolitan Borough Council (22 003 038)

Statement Upheld Special educational needs 30-Mar-2023

Summary: Miss X complains the Council failed to arrange suitable educational provision for her son, Z, when his placement broke down and he was unable to attend school. She complains the Council failed to promptly respond to her request that Z receive education otherwise than at school or arrange a suitable educational placement for Z. We have upheld Miss X’s complaint because we have seen evidence of fault by the Council. Miss X was caused distress and uncertainty. Z missed out on a suitable education. To remedy this, the Council has agreed to apologise to Miss X, make Miss X several payments and make some service improvements.

North Yorkshire County Council (22 004 875)

Statement Upheld Special educational needs 30-Mar-2023

Summary: Ms X complained the Council delayed in completing an Education, Health and Care Plan (EHCP) assessment for her daughter, Y. Ms X said this caused considerable distress and uncertainty and meant she had to fund provision herself due to delays. We find fault with the Council for avoidable delays. We recommend the Council apologise to Ms X, make a payment to recognise the time and trouble it caused her, and make a payment to recognise four months of missed provision for Y.

Bury Metropolitan Borough Council (22 007 591)

Statement Upheld Special educational needs 30-Mar-2023

Summary: Mrs C complained the Council failed to provide a suitable education for her son when he stopped attending school in September 2021 because of his special educational needs. She also complained the Council delayed issuing her son’s Education, Health and Care plan and it delayed providing the provision in the plan. We find the Council was at fault as it delayed securing alternative provision. It also delayed finalising the Education, Health and Care plan and it delayed securing the provision in the plan. The Council has agreed to our recommendations to address the injustice caused by fault.

Surrey County Council (22 016 695)

Statement Closed after initial enquiries Special educational needs 29-Mar-2023

Summary: We will not investigate this complaint about the school named in Miss X’s child’s Education, Health, and Care plan. This is because Miss X has the right of appeal to the SEND Tribunal and it is reasonable to expect her to use it.

Westminster City Council (22 002 578)

Statement Closed after initial enquiries Special educational needs 29-Mar-2023

Summary: We have discontinued our investigation into Mrs X’s complaint about the Council failing to meet the Special Education Need provision set out in her son’s Education Health Care Plan. Mrs X has used her appeal rights and therefore the complaint is outside the Ombudsman’s jurisdiction.

Hertfordshire County Council (22 009 892)

Statement Upheld Special educational needs 29-Mar-2023

Summary: Ms C complains the Council has not completed a phase transfer annual review for her daughter, Y, a year after it was due. She says because of this delay Y has been out of education and the Council has not arranged alternative education provision. The Council was at fault for delay in completing an annual review and for not putting in place alternative education provision.

London Borough of Enfield (21 012 853)

Statement Upheld Special educational needs 29-Mar-2023

Summary: X complained about how the Council supported her daughter’s special educational needs. There was fault in how the Council managed the Education Health and Care plan process, considered whether it needed to arrange alternative education and responded to X’s complaint. The Council agreed to apologise, pay a financial remedy and review its procedures.

Hertfordshire County Council (22 011 946)

Statement Not upheld Special educational needs 29-Mar-2023

Summary: Mrs B complained the Council delayed in issuing an Education, Health and Care Plan (EHCP) for her daughter. We did not uphold the complaint, finding no fault in the time taken by the Council to issue the EHCP.

London Borough of Lewisham (22 016 822)

Statement Closed after initial enquiries Special educational needs 29-Mar-2023

Summary: We cannot investigate this complaint about how the Council considered a request for an Education Health and Care plan. Ms X has appealed the Council’s decision to tribunal, therefore we have no jurisdiction to investigate.

Bury Metropolitan Borough Council (22 007 792)

Statement Upheld Special educational needs 28-Mar-2023

Summary: Miss C complained that after 2020 the Council failed to update her son’s Education, Health and Care Plan following annual reviews. We find the Council at fault for this failure and for a delay in answering her complaint. We consider these faults caused Miss C distress and caused her unnecessary time and trouble. The Council accepts these findings. At the end of this statement, we set out the action it has agreed to take to remedy that injustice and improve its services.