Middlesbrough Borough Council (23 001 014)

Statement Not upheld Alternative provision 24-Oct-2023

Summary: Ms X complained the Council failed to provide suitable education for her daughter, Y, when she says Y was too unwell to attend school. She also said the Council did not allow her to home educate Y. The Council was not at fault.

London Borough of Southwark (23 002 489)

Statement Upheld Special educational needs 24-Oct-2023

Summary: Ms B complained about the Council’s delays during the Education, Health and Care needs assessment process for her daughter. She also says the Council failed to provide alternative provision for her daughter when she could not attend school. We find the Council was at fault for its delays during the Education, Health and Care needs assessment process. It also failed to fully consider its duties to provide alternative provision when Ms B’s daughter was not attending school. The Council has agreed to our recommendations to address the injustice caused by fault.

Derbyshire County Council (23 004 340)

Statement Upheld Special educational needs 24-Oct-2023

Summary: The complainant (Mrs X) said the Council failed to comply with the statutory timescales for an Education Health and Care (EHC) needs assessment for her daughter (Y) and for issuing her EHC plan. We found fault in the Council’s delays. This fault caused Y and Mrs X injustice. The Council agreed to apologise, make payments to recognise the loss of provision and distress and carry out some service improvements.

Surrey County Council (23 004 630)

Statement Closed after initial enquiries Special educational needs 24-Oct-2023

Summary: Ms X complains there were failings in the way the Council dealt with her daughter’s Education Health and Care Plan (EHC Plan) and provided alternative educational provision to her while she was out of school. We will not investigate Ms X’s complaints about the Council’s action between September 2021 to March 2022. This is because the complaints are late. We will not investigate Ms X’s complaints about the content of the EHC Plan, the school setting for Y and alternative provision as Ms X has exercised her right of appeal against the decision.

Milton Keynes Council (23 008 156)

Statement Closed after initial enquiries Special educational needs 24-Oct-2023

Summary: We will not investigate this complaint about the setting named in Mrs X’s child Y’s Education, health and care Plan. This is because this matter is currently being appealed at SEND Tribunal and we do not have jurisdiction to investigate matters that took place at Tribunal.

Surrey County Council (23 009 331)

Statement Upheld Special educational needs 24-Oct-2023

Summary: We will not investigate this complaint about delays in the Education Health and Care Plan process. This is because the Council has agreed to an appropriate remedy for the delay.

Southampton City Council (23 010 019)

Statement Closed after initial enquiries Special educational needs 24-Oct-2023

Summary: We will not investigate this complaint that the admission criteria for a school was changed, meaning the complainant’s preferred school was not named on their child’s Education Health and Care plan. This is because the complainant has used their right of appeal to a tribunal.

North Yorkshire Council (23 010 174)

Statement Closed after initial enquiries School admissions 24-Oct-2023

Summary: We will not investigate Mr X’s complaint about an unsuccessful appeal for a school place. This is because there is not enough evidence of fault.

Oxfordshire County Council (23 003 197)

Statement Upheld Alternative provision 24-Oct-2023

Summary: The complainant, Ms X, complained about the lack of suitable alternative provision provided for her son who has been out of education. She also complained about the Councils lack of communication. Based on evidence seen, we find the Council was at fault. This caused significant stress to Ms X and her son was out of education. To address this injustice caused by fault, the Council has agreed to apologise, make symbolic payments and remind staff of the relevant guidance.

Tameside Metropolitan Borough Council (23 001 347)

Statement Upheld Special educational needs 23-Oct-2023

Summary: Ms X complained the Council delayed providing her child (C) with specialist education provision and failed to communicate. This caused C to miss a full term of education and caused C and her family distress. The Council delayed in reviewing, amending, and completing C’s Education Health and Care Plan and failed to communicate effectively with Ms X.