Worcestershire County Council (24 000 499)

Statement Closed after initial enquiries Alternative provision 10-Jun-2024

Summary: We will not investigate this complaint about the education provision for Ms X’s son. Much of the complaint is late and it was reasonable for Ms X to appeal to the First-tier Tribunal (Special Educational Needs and Disability. Even if we did investigate, it is unlikely we would achieve the outcome Ms X wants.

Devon County Council (23 018 122)

Statement Upheld Alternative provision 10-Jun-2024

Summary: On the evidence available, there was fault by the Council. The Council did not put in the place the alternative educational provision that it agreed to do. A payment, in addition to the apology already given, remedies the injustice caused to the family.

Cornwall Council (22 014 215)

Statement Upheld Alternative provision 09-Jun-2024

Summary: Ms X complained the Council failed to provide an education and special educational provision for her child when she deregistered them from the school roll. She also complained about delays reviewing an education, health and care plan. Ms X said this caused unnecessary distress and frustration, and her child missed out on education. We find the Council at fault, and this caused injustice. The Council has agreed to apologise, make a payment to Ms X, and improve its service.

Surrey County Council (23 012 689)

Statement Not upheld Alternative provision 06-Jun-2024

Summary: Ms X complained about the Council failure to provide her child, D, with a suitable education when he was unable to attend school due to extreme anxiety. We have not found fault with how the Council responded to his non-attendance.

West Berkshire Council (23 015 133)

Statement Upheld Alternative provision 06-Jun-2024

Summary: Miss B complained that the Council, in respect of her daughter C, delayed in producing an amended Education, Health and Care Plan following an Annual Review, finding an alternative placement for her or putting in place alternative education when she was unable to attend school. We found fault with the Council’s actions. It has agreed to pay Miss B £2000 for the benefit of C and £400 for herself and to improve its procedures for the future.

London Borough of Ealing (22 015 235)

Statement Upheld Alternative provision 05-Jun-2024

Summary: Miss X complained the Council failed to provide her daughter with alternative education when she was unable to attend school due to anxiety and bullying. She also complained about the Council’s complaints process. The Council upheld some parts of the complaint and Miss X has received an appropriate remedy. We do not propose anything further.

Solihull Metropolitan Borough Council (23 013 039)

Statement Upheld Alternative provision 02-Jun-2024

Summary: Mrs X complains the Council failed to provide alternative education provision for her son, Y, when he could not attend school. The Council is at fault as it did not consider whether it had a duty to provide alternative provision for Y. The Council is also at fault as it did not keep Y’s part time attendance at school under review. The faults by the Council caused uncertainty to Mrs X and caused Y to miss five weeks of education provision. The Council has agreed to remedy this injustice by apologising to Mrs X and making a symbolic payment of £500 to her for distress and a symbolic payment of £300 for Y. The Council will also reimburse the costs of the alternative provision made by Mrs X during the five weeks period of missed education provision.

Bath and North East Somerset Council (23 006 727)

Statement Upheld Alternative provision 30-May-2024

Summary: Miss B says the Council failed to ensure her daughter received education from 2022 onwards. The Council delayed issuing an education, health and care plan following a needs assessment and delayed issuing a revised plan following a review. That means Miss B’s daughter missed out on education for half a term. A payment to Miss B, reminder to officers and setting up a process to track annual review actions is satisfactory remedy.

Bath and North East Somerset Council (23 014 363)

Statement Upheld Alternative provision 28-May-2024

Summary: The Council failed to ensure that Ms X’s daughter received the educational provision set out in her Education Health and Care Plan, or consider whether it had a duty to make alternative provision when she was unable to attend school. It has not issued a new Plan following an emergency review, did not properly consider her request for a personal budget, and did not communicate with Ms X properly. The Council’s shortcomings caused Ms X and her daughter distress, frustration, and uncertainty. It has caused Ms X’s daughter to miss out on educational provision.

London Borough of Sutton (23 012 757)

Statement Upheld Alternative provision 27-May-2024

Summary: Mrs X complained the Council failed to provide alternative educational provision for her child when they were unable to attend school. She complained the Council delayed its decision not to do an education, health and care needs assessment, and complained about delays handling her complaint. Mrs X said there was a huge impact on her child of the missed education, and said it caused unnecessary and avoidable distress and frustration. We find the Council at fault, and this caused injustice. The Council has agreed to apologise and make a payment to Mrs X to remedy the injustice caused.