West Northamptonshire Council (23 004 841)

Statement Upheld Alternative provision 29-Mar-2024

Summary: The Council failed to provide education for Y when she was unable to attend school, and it delayed issuing an Education, Health and Care (EHC) plan. The Council has agreed to make payments to Y and Mrs X and to take action to prevent similar failings in future.

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.

Liverpool City Council (23 018 093)

Statement Closed after initial enquiries School exclusions 28-Mar-2024

Summary: We will not investigate this complaint about the conduct of an independent review panel that considered a school’s decision to exclude Miss X’s child. There is not enough evidence of fault in the way the panel reached its decision to warrant further investigation by us.

North Yorkshire Council (23 017 966)

Statement Closed after initial enquiries School transport 28-Mar-2024

Summary: We will not investigate Mrs X’s complaint about the Council’s home to school transport for her child, Y. This is because the Council has since agreed to change the provider and an investigation is unlikely to lead to a different outcome.

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.

West Sussex County Council (23 005 741)

Statement Upheld Alternative provision 28-Mar-2024

Summary: Mrs X complained the Council failed to provide her child with alternative education when she was unable to attend school due to ill health. The Council was at fault for failing to consider its duty under Section 19 of the Education Act 1996 from April 2022 to February 2023. The Council has agreed to apologise to Mrs X and pay her £3250 to acknowledge the frustration, uncertainty and the loss of provision.

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.