Surrey County Council (24 010 959)

Statement Upheld Special educational needs 27-May-2025

Summary: Miss B complained the Council’s Education, Health and Care Plan process failed her son, X. Miss B says X has been placed in an unsuitable placement and is receiving little to no education. We found the Council at fault for a delay in issuing a final Education, Health and Care Plan following an annual review and failing to consider its section 42 duty once it was aware X was not attending school. This has caused distress, frustration and uncertainty to Miss B and X. The Council has agreed to apologise, make a symbolic payment and complete service improvements to remedy the injustice caused.

Darlington Borough Council (24 012 327)

Statement Upheld Special educational needs 27-May-2025

Summary: There is no fault in the Council’s decision not to provide alternative education when Ms M withdrew her son B from school. In any event, Ms M had a right of appeal to the Tribunal. The Council has taken too long to amend B’s EHC Plan, but the Council has already offered a suitable remedy for the impact of the delay.

Derbyshire County Council (24 014 493)

Statement Upheld Special educational needs 27-May-2025

Summary: Mr and Mrs X complained the Council failed to provide an adequate remedy for their complaint about its failure to ensure their child Y was receiving social care provision in her Education Health and Care Plan. They also complained about the way the Council dealt with their complaint. We found fault causing avoidable distress, frustration, time and trouble and a loss of social care support to which Y was entitled. The Council has agreed to our recommendations to remedy the injustice and will provide the following: an apology, payments and evidence the Council has implemented changes to its services to minimise the risk of recurrence.

Essex County Council (24 014 730)

Statement Upheld School transport 27-May-2025

Summary: Miss X complained about school transport provided to her daughter (Y) and the Council’s complaint handling. We found fault in the way the taxi company provided school transport for Y on behalf of the Council. We also found fault in the way the Council responded to Miss X’s complaints. The Council has agreed to apologise, make payments to recognise Miss X’s distress and extra time and trouble spent complaining and discuss the issues raised in Miss X’s complaint with the taxi company. It has also agreed to provide details of the measures taken to ensure improvements in the school transport service provided by the taxi company and to review its complaint handling.

Kent County Council (24 002 131)

Statement Upheld Special educational needs 27-May-2025

Summary: Mrs X complained that the Council failed to deliver education to her daughter while she could not attend school. We have found that the Council was at fault, because it did not consider making alternative arrangements for Mrs X’s daughter, who lost education as a result. The Council has already offered a suitable remedy, so we have not recommended that it take further action.

Essex County Council (24 020 717)

Statement Closed after initial enquiries School transport 27-May-2025

Summary: We will not investigate this complaint about home to school transport for the complainant’s son. It is unlikely that an investigation by the Ombudsman would lead to a different outcome or give the complainant what she wants.

Isle of Wight Council (24 021 823)

Statement Closed after initial enquiries Other 27-May-2025

Summary: We will not investigate Ms X’s complaint which stems from the Council’s proposals to close several schools. Ms X has raised concerns about the Council’s handling of her complaint, and we will not look at that as a standalone issue. The Office of the Schools Adjudicator is best placed to consider the decision the Council has now taken.

Hertfordshire County Council (24 021 827)

Statement Closed after initial enquiries Special educational needs 27-May-2025

Summary: We will not investigate Mrs X’s complaint about how the Council managed the process of amending her child’s Education Health and Care Plan. This is because we could not add to the Council’s investigation or achieve a different outcome.

London Borough of Ealing (24 021 896)

Statement Closed after initial enquiries Special educational needs 27-May-2025

Summary: We will not investigate Mr X’s complaint about the Education, Health and Care Plan process. The complaint is late, and Mr X appealed to the First-tier Tribunal (Special Educational Needs and Disability). This places the complaint outside our jurisdiction.

Westmorland and Furness Council (24 023 383)

Statement Closed after initial enquiries Special educational needs 27-May-2025

Summary: We will not investigate Ms X’s complaint about the Council’s handling of Mr Y’s Education, Health and Care Plan and its failure to arrange alternative provision between 2017 and March 2024. This is because the complaint is late. Ms X’s complaint about matters from March 2024 onwards is premature.