Norfolk County Council (23 005 064)

Statement Upheld Special educational needs 28-Mar-2024

Summary: Ms X complained the Council implemented an unlawful policy to temporarily provide 50% of the speech and language therapy needed in Education Health and Care Plans. We found fault by the Council because it implemented an unlawful policy and did not meet its statutory duty to provide the required provision. This caused Ms X’s child, Y, an injustice because they missed provision. It also caused Ms X avoidable frustration, distress and time and trouble in pursuing an end to the policy and complaining. The Council agreed to make Ms X payments in recognition of Y’s missed provision and the injustice caused to her.

Essex County Council (23 018 850)

Statement Closed after initial enquiries Special educational needs 28-Mar-2024

Summary: We cannot investigate Mrs X’s complaint about the Council’s refusal to assess her daughter for an Education Health and Care Plan. This is because Mrs X has used her right of appeal against the Council’s decision.

Norfolk County Council (23 019 894)

Statement Upheld Special educational needs 28-Mar-2024

Summary: Mrs Y complained the Council implemented an unlawful policy to temporarily provide 50% of the speech and language provision in Education Health and Care Plans. We found fault by the Council because it implemented an unlawful policy and did not meet its statutory duties. This caused Mrs Y avoidable time and trouble in pursuing an end to the policy and complaining. The Council agreed to make Mrs Y a symbolic payment in recognition of the injustice caused to her.

Surrey County Council (23 003 786)

Statement Upheld Special educational needs 28-Mar-2024

Summary: Mr M and his mother complain the Council left him without education from 2019. It delayed reviewing his Education, Health and Care Plan, did not respond to their request to explore a personal budget and delayed referring them to the Council’s Adult Social Care service for an assessment. We will not investigate some parts of Mr M’s complaint. But we have found fault with the parts we have investigated. The Council has agreed to our recommendation of an improved remedy to that which it had offered.

Leicestershire County Council (23 004 123)

Statement Upheld Special educational needs 28-Mar-2024

Summary: Mrs X complained the Council caused delays in its Education, Health and Care Needs Assessment, failed to agree a necessary EOTAS provision budget and failed to provide provision under section 19. I have found fault with the Council’s actions. There were significant delays in the assessment, a failure to review provision while C was out of school and fault in how it decided the EOTAS budget. The Council will apologise, act to remedy the loss of education and delayed appeal rights and review its policy to prevent the reoccurrence of fault.

Hertfordshire County Council (23 009 810)

Statement Upheld Special educational needs 28-Mar-2024

Summary: Miss C complained about delays by the Council in taking action to support her child, who has special educational needs. We uphold the complaint. We find the Council delayed in consulting a specialist school, in obtaining advice about the child’s speech and language needs and in completing a review of their Education, Health and Care Plan. These delays caused Miss C distress. The Council has accepted our findings and at the end of this statement we set out the action it has agreed to remedy this injustice and improve its service.

Derbyshire County Council (23 007 209)

Statement Upheld Special educational needs 28-Mar-2024

Summary: Mrs X complained the Council failed to secure the special educational needs provision in her child D’s Education, Health, and Care plan. The Council was at fault because it failed to ensure the plan was in place, which caused D to miss special educational needs provision. The Council’s fault also caused avoidable time and trouble for Mrs X in pursuing her complaint. The Council agreed to apologise and pay a financial remedy. It will also share a copy of our decision with, and issue reminders to, relevant staff.

Dorset Council (23 009 049)

Statement Upheld Special educational needs 28-Mar-2024

Summary: Miss X complained about the Council’s failure to issue her son’s Education, Health and Care Plan within statutory timescales. The Council was at fault because it took too long to issue the plan following an annual review. We have also found the Council at fault for not communicating with Miss X effectively. The Council has agreed to apologise to Miss X and make a payment of £850 to acknowledge the loss of provision and the distress it caused.

London Borough of Hillingdon (23 009 405)

Statement Upheld Special educational needs 28-Mar-2024

Summary: X complained the Council failed to provide the OT provision specified in their child’s EHC plan or reimburse the transport costs for their child attending school between September 2022 and July 2023. X also complained the Council has failed to properly assess their child’s care needs or their own needs as a carer and has not provided adequate support. The Council’s failure to ensure Y received the full OT provision set out in their EHC Plan is fault. As is the Council’s delay and error in completing the annual review in 2023 and in issuing a final EHC Plan. This fault has caused X and Y an injustice.

Oxfordshire County Council (23 009 808)

Statement Not upheld Special educational needs 28-Mar-2024

Summary: Miss X complained the Council failed to provide her son, Y, who has an Education, Health and Care Plan, with a suitable, full-time education for a whole academic year. The law does not allow the Ombudsman to investigate the matters Miss X complains of because they were subject to a tribunal appeal. Therefore, we have ended our investigation of this complaint.