Warwickshire County Council (24 006 216)

Report Upheld Special educational needs 17-Jun-2025

Summary: Mrs X complained about the Council’s decision to not treat Y’s Education, Health and Care Plan review as a key-stage phase transfer review. She also complained about the Council’s complaint handling. She says the lack of a review frustrated her appeal rights, which has consequently left her son without provision and has caused stress.

Dorset Council (23 019 336)

Statement Upheld Special educational needs 10-Jun-2025

Summary: Mr and Mrs X complained the Council failed to provide their child, Z, with a suitable education and proper social care support; and about its complaint handling. We have found fault by the Council, causing injustice, in failing to provide Z with a suitable education from March to June 2023, and with its complaint handling, causing injustice. The Council has agreed to remedy this injustice by; apologising; making payments to reflect the impact on Z of the missed education; and distress caused to Mr and Mrs X.

Stockport Metropolitan Borough Council (24 009 581)

Statement Upheld Special educational needs 10-Jun-2025

Summary: Mrs B complained there were delays by the Council during the Education, Health and Care (EHC) Plan process for her son, who I will refer to as C, and it failed to secure education for him while he was out of school. There was fault by the Council. The Council did not meet statutory timescales during the EHC Plan process, and it did not consider its section 19 duty when Mrs B told it C was not receiving an education. The Council’s communication with Mrs B was also poor. Because of the fault, Mrs B suffered uncertainty, distress and frustration, her appeal right was delayed, and she continued to chase the Council for updates. The Council has agreed to apologise to Mrs B and C, make symbolic payments, and issue staff briefings.

West Sussex County Council (24 015 759)

Statement Upheld Special educational needs 10-Jun-2025

Summary: Mrs X complained the Council failed to deliver special educational provision on her son Y’s Education Health and Care (EHC) Plan. She also complained there was a failure to carry out an annual review. We upheld the complaint. The Council did not complete the annual review process between December 2023 and December 2024 and did not issue a decision letter giving rights of appeal. And, it did not secure all the special educational provision on Y’s Plan. This caused a loss of provision, a delay in appeal rights and avoidable distress. The Council will apologise and make payments to remedy the injustice.

Staffordshire County Council (24 022 050)

Statement Upheld Special educational needs 10-Jun-2025

Summary: We have upheld this complaint because the Council delayed completing the review of an Education Health and Care Plan. The Council has agreed to resolve the complaint by providing a remedy for the injustice this caused. It is reasonable for the complainant to use their right of appeal to a tribunal about other matters.

Nottinghamshire County Council (24 022 563)

Statement Closed after initial enquiries School transport 10-Jun-2025

Summary: We will not investigate this complaint about the Council’s decision to remove free transport for new starters at a school which Mrs X’s child attends. However, Mrs X’s child already receives free transport and will continue to receive it until they finish the education phase, move house or move schools. Mrs X says paying for transport for her second child will be a financial burden. However they are not due to start the school for another three years. Therefore we do not consider Mrs X has suffered sufficient injustice currently to warrant an investigation.

Kent County Council (24 018 617)

Statement Closed after initial enquiries Special educational needs 10-Jun-2025

Summary: We will not investigate this complaint about records held by the Council relating to the complainant’s child. An investigation by the Ombudsman would not add anything to the Council’s response or achieve a different outcome.

Essex County Council (25 001 570)

Statement Upheld Special educational needs 10-Jun-2025

Summary: We will not investigate this complaint about the Education, Health and Care plan process. This is because the Council has agreed to an appropriate remedy for the injustice caused by the delay.

Holy Cross Catholic High School (25 004 030)

Statement Closed after initial enquiries School admissions 10-Jun-2025

Summary: We will not investigate Mr X’s complaint about a school admissions appeal panel refusing his appeal. It is unlikely we would find fault which caused Mr X to lose out on a school place.

Cambridgeshire County Council (24 004 373)

Statement Upheld Special educational needs 09-Jun-2025

Summary: Mrs X complained that the Council did not provide suitable education for her child when they were out of school and delayed carrying out a review of her child’s Education, Health and Care Plan. As a result her child missed out on education and has fallen behind their peers. We have found the Council at fault as there was a period where it should have put in place education for Mrs X’s child. The Council also delayed carrying out an annual review. The Council agreed to apologise and make payments for the loss of education and distress caused.