Recent statements in this category are shown below:
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Statement Upheld Alternative provision 24-Jun-2025
Summary: Ms X complained the Council failed to fulfil its duty to provide alternative provision when her son, Z, was unable to attend school. We have found the Council at fault for repeatedly failing to consider whether it owed a section 19 duty. This caused Z an injustice in the form of lost education provision between January 2024 and May 2024. We have not found the Council’s faults caused an injustice before January 2024. We have not investigated a loss of provision after May 2024, for the reasons set out in this statement. We have also found the Council at fault for its communication and complaints handling. The Council has agreed to apologise, increase the financial remedy previously offered, and provide guidance to relevant officers.
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West Sussex County Council (24 005 674)
Statement Closed after initial enquiries Alternative provision 23-Jun-2025
Summary: We will not investigate this complaint about delay issuing an Education, Health and Care (EHC) Plan because the injustice is not significant enough and there is nothing more we could achieve.
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Calderdale Metropolitan Borough Council (24 018 514)
Statement Not upheld Alternative provision 23-Jun-2025
Summary: The Council was not at fault in how it decided it did not owe Ms X’s child, W, the duty to arrange alternative education provision when W stopped attending school. This means it was also not at fault in how it secured the special educational provision in W’s Education, Health and Care Plan. We cannot investigate the other matters Ms X complained about.
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North Yorkshire Council (24 012 298)
Statement Upheld Alternative provision 22-Jun-2025
Summary: Miss X complained about the Council’s failure to ensure suitable education for her son (A) when he was out of school. We found fault in the way the Council discharged its Section 19 duty towards A and in its complaint handling. The Council’s fault caused injustice to A as he missed education and to Miss X as she was distressed at the lack of support for A. The Council agreed to apologise and make payments to Miss X to recognise A’s loss of education and her distress. In recent complaints we have recommended relevant service improvements, which we will monitor.
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Gloucestershire County Council (24 014 881)
Statement Upheld Alternative provision 22-Jun-2025
Summary: Mrs X complained the Council failed to arrange alternative educational provision for her child (Y) when they were unable to attend school due to illness. The Council was at fault for failing to consider alternative educational provision between September and December 2023 when it became aware that Y was not attending school. The Council has agreed to make a payment to recognise the distress, frustration and uncertainty this caused.
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Gloucestershire County Council (24 015 276)
Statement Upheld Alternative provision 22-Jun-2025
Summary: Mrs X complained the Council delayed arranging alternative educational provision for her child, Z when she was unwell and unable to attend school. When the Council did then arrange the provision, Mrs X said this was part-time and unsuitable. The Council was at fault as there was a six month delay in arranging the provision. However, the Council was not at fault regarding the suitability of the provision as it was appropriate for Z’s needs. The Council has agreed to apologise and make a payment for Z’s missed provision to recognise the distress, frustration and uncertainty caused.
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London Borough of Croydon (24 010 129)
Statement Upheld Alternative provision 19-Jun-2025
Summary: Mx X complains the Council did not deal properly with her daughter Y’s education because it did not provide alternative education and she says Y lost education provision. The Council did not properly consider whether it should provide s19 alternative education for Y. Y suffered loss of educational provision and opportunity for 3 months. The Council should apologise and Pay Mx X £1,800 for loss of education provision.
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Statement Upheld Alternative provision 18-Jun-2025
Summary: Mrs X complained about the Council’s failure to provide a suitable educational placement and special educational needs support for her daughter, Y, since her permanent exclusion from college in April 2024. We found the Council to be at fault because failed to carry out an emergency review, took too long to consult with appropriate potential providers and did not provide any alternative provision for seven months. As a result, Y’s well-being and mental health were affected. To remedy this injustice, as well as the loss of provision, the Council has agreed to apologise, make a symbolic payment and remind relevant staff of the need to make prompt alternative arrangements when a placement unexpectedly ends.
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Surrey County Council (24 015 431)
Statement Upheld Alternative provision 18-Jun-2025
Summary: Mrs C complained the Council failed to comply with the statutory timeframes for completing an annual review and failed to complete the actions recommended in its stage two complaint response. We have found the Council at fault for a delay in issuing a final Education, Health and Care Plan following an annual review. This caused Mrs C distress, frustration and uncertainty and delayed her right to appeal. The Council has agreed to apologise and make a symbolic payment to Mrs C to remedy the injustice caused.
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Bury Metropolitan Borough Council (24 015 844)
Statement Upheld Alternative provision 18-Jun-2025
Summary: Ms X complained the Council failed to provide her child with suitable fulltime education and special educational provision, and complained about faults in reviewing the Education, Health and Care Plan. There was fault causing injustice. Ms X’s child missed out on education and Ms X and her child suffered distress and inconvenience. The Council has agreed to apologise, improve communication with Ms X about next steps, make symbolic payments and carry out service improvements. The complaint is upheld.