Recent statements in this category are shown below:
Statement Upheld Alternative provision 19-Nov-2020
Summary: Mrs X complained the Council had failed to provide a suitable full-time education to her child, Y, who could not attend school because of anxiety and other health problems. As a result, Mrs X said Y has been disadvantaged educationally. The Council was at fault for not ensuring a suitable education for Y from October 2019 to February 2020. It should make a payment to acknowledge the loss of education for Y. It should also review its policies to ensure suitable education is in place for those who are unable to attend school or are unable to provide the required specialist medical evidence.
Statement Upheld Alternative provision 12-Nov-2020
Summary: Mrs X complained that the Council failed to recognise it had a duty to provide alternative education for her son when he was out of school for health reasons and failed to ensure he received the support set out in his Education Health and Care Plan. The Council was at fault in failing to recognise its duties, failing to have proper policies and procedures in place, and failing to provide education. The Council has offered a suitable remedy including an apology, a payment for lost education and a review of policies and procedures.
Statement Not upheld Alternative provision 19-Oct-2020
Summary: Mr B complained the Council did not ensure the special school his son attends was meeting his needs and keeping him safe. After he withdrew him from school, because of his concerns, he says the Council did not make any alternate educational provision. He says that as a result his son has missed out on the education he is entitled to. There was no fault by the Council.
Statement Upheld Alternative provision 13-Oct-2020
Summary: Mrs X complains the Council failed to provide her daughter with suitable education for several months between September 2018 and September 2019. She says this had a negative impact on her daughter's well-being and future opportunities. The Ombudsman has found the Council to be at fault because there was a delay in making alternative educational provision. There was further fault when the Council failed to take any action to address the later period of non-attendance due to ill health. To remedy the injustice caused, the Council has agreed to apologise, make a payment to Mrs X and review its procedures.
Statement Upheld Alternative provision 05-Oct-2020
Summary: Mrs B complains the Council failed to make suitable education available to her son, who has special educational needs. The Ombudsman finds there was fault by the Council in this matter, causing injustice for which a remedy has been agreed.
Statement Not upheld Alternative provision 24-Sep-2020
Summary: Mrs X complained the Council failed to provide alternative education for her daughter after she became unable to attend school because of severe anxiety. The Ombudsman does not find fault with the actions of the Council.
Statement Upheld Alternative provision 23-Sep-2020
Summary: Miss B complains the Council did not make appropriate educational provision for her daughter between January and October 2018. She considers the Council did not provide sufficient support to her daughter and her daughter's education suffered as a result. There was fault by the Council but it did not cause significant injustice to Miss B or her daughter.
Statement Upheld Alternative provision 21-Sep-2020
Summary: The complainant alleges that the Council has failed to provide suitable education to her son, who has extensive mental health and special needs, since he started secondary school. The Ombudsman has found fault by the Council. But he cannot assess the level of injustice to the complainant's son until the newly agreed home tuition has had sufficient time to take effect. The Ombudsman will therefore close the complaint. But the Council and the complainant should report back to him, after four months, on the success of the home tuition. The Ombudsman will then assess the son's injustice.
Statement Upheld Alternative provision 15-Sep-2020
Summary: Miss X complains the Council failed to provide suitable education to her daughter, Y, causing distress and loss of education. The Ombudsman finds the Council at fault. He recommends the Council: provides an apology; pays £7500 for loss of education and SEN provision; pays £500 for distress; pays £100 for time and trouble; pays £100 for loss of opportunity, addresses an outstanding query and takes action to prevent recurrence.
Statement Not upheld Alternative provision 08-Sep-2020
Summary: Ms Y complains about the approach taken by the Council when making enquiries about the elective home education which she provides to her two daughters. The Ombudsman finds no evidence of procedural fault. The Council was entitled to make enquiries of Ms Y following a referral it received about the suitability of the education. The Council therefore had a duty in law to establish whether the education Ms Y provides is suitable.