Norfolk County Council (25 003 747)

Statement Closed after initial enquiries Alternative provision 09-Sep-2025

Summary: We will not investigate Ms X’s complaint that the Council has failed in its duty to make alternative educational provision for her child. There is insufficient evidence of fault to warrant an investigation.

Cambridgeshire County Council (24 018 658)

Statement Upheld Alternative provision 08-Sep-2025

Summary: Mrs X complained about the Council’s delay and failure to provide full time education for her son. There was fault, as the Council delayed sending final Education, Health and Care Plans after annual review meetings. And, it did not provide full time alternative provision or Occupational Therapy until the Education, Health and Care Plan was completed. An apology, payment and finalising the Education, Health and Care Plan remedies the injustice to the family.

East Sussex County Council (25 002 988)

Statement Closed after initial enquiries Alternative provision 08-Sep-2025

Summary: We will not investigate this complaint about the level of alternative provision the Council arranged for Mrs X’s son. She has used her right of appeal for her son’s Education, Health and Care Plan. The issues around alternative provision are not separable from this appeal.

Derbyshire County Council (25 005 517)

Statement Upheld Alternative provision 08-Sep-2025

Summary: Mrs X complained the Council delayed providing Alternative Provision of education for her child. Mrs X also complained the Council delayed production of her child’s Education, Health and Care Plan. We found fault with the Council failing to provide suitable education for Mrs X’s child from 30 November 2023 to 26 February 2024. We also found fault with the Council delaying production of Mrs X’s child’s Education, Health and Care Plan by 10 weeks outside the statutory timescales. The Council agreed to apologise to Mrs X and pay her £150 for the frustration, inconvenience and lost opportunity and £1,100 for her child’s missed education caused by the fault of the Council.

North Yorkshire Council (24 017 810)

Statement Upheld Alternative provision 07-Sep-2025

Summary: The Council was at fault for failing to consider implementing alternative educational provision when it became aware that Mrs X’s child, Y was not attending school in February 2024. The Council was also at fault for failing to ensure the review of Y’s Education, Health and Care (EHC) Plan was held within statutory timescales. The Council has agreed to apologise and make a payment to recognise the distress, frustration and uncertainty this caused.

Cambridgeshire County Council (24 018 250)

Statement Upheld Alternative provision 07-Sep-2025

Summary: We found fault by the Council on Miss Y’s complaint about it failing to ensure her daughter received provision set out in her Education, Health and Care plan when on a reduced timetable. It failed to consider whether it needed to provide suitable alternative education and did not meet the statutory timescales following her annual review. The Council agreed to send Miss Y an apology, pay £3,000 for the distress caused, remind officers about the triggering of the section 19 duty for children out of school with a plan, and ensure processes are in place to monitor and review children with plans on part-time timetables. It will review why delays happened, produce an action plan showing how it will meet statutory timescales, and remind officers of the need to communicate with parents whose children are in similar situations.

Surrey County Council (24 019 820)

Statement Closed after initial enquiries Alternative provision 07-Sep-2025

Summary: We cannot investigate this complaint about the Council’s actions regarding the provision of suitable alternative educational provision to child Y. This is because Mrs X appealed the content of Y’s Education, Health and Care Plan to the First-tier Tribunal and the law does not allow us to investigate any matter that was connected to the appeal.

Royal Borough of Windsor and Maidenhead Council (24 017 790)

Statement Upheld Alternative provision 04-Sep-2025

Summary: Mrs X complained the Council failed to provide education for her child who has been absent from school since January 2024. We found fault with the Council failing to ensure Y had access to suitable education for time periods totalling two terms and one week from 21 February 2024 to 21 March 2025. The Council agreed to apologise to Mrs X and pay her £3,325 for Y’s missed education. The Council also agreed to remind staff about the importance of acting in line with government guidance over timescales for considering its Section 19 duty. And, the Council agreed to provide training to staff about how it should consider and carry out its Section 19 duty.

Birmingham City Council (24 015 498)

Statement Upheld Alternative provision 04-Sep-2025

Summary: The Council was at fault for delay referring Ms X’s child for tuition after they were excluded from school, delay assessing the effectiveness of its home tuition trial, and delay exploring other options to engage the child in education. The Council also responded to Ms X’s complaint late. These faults caused Ms X uncertainty and frustration. The Council will make a payment to Ms X.

Surrey County Council (24 018 432)

Statement Upheld Alternative provision 03-Sep-2025

Summary: Mrs X complained the Council failed to provide alternative provision for her child, Y when they stopped attending school due to anxiety. The Council was at fault, it failed to consider whether it owed Y a Section 19 duty and failed to maintain an oversight over their education while Y was not attending school. The Council agreed to apologise to Mrs X and make a payment to acknowledge the distress and uncertainty caused.