North Yorkshire Council (24 012 152)

Statement Upheld Alternative provision 15-Jul-2025

Summary: Mrs X complained the Council failed to ensure her child D received suitable alternative education when they were out of school. The Council was not at fault in how it considered its duty to provide alternative education to D. However, it accepted it delayed in reviewing D’s Education, Health, and Care Plan, and responding to Mrs X’s complaint, which caused her distress, time, and trouble. The Council apologised and offered a financial remedy. Following our investigation, it agreed to go further to remedy the injustice caused, by paying an increased financial remedy. It will also report to its relevant oversight committee about how it will address its complaints backlog.

Kingston Upon Hull City Council (24 012 465)

Statement Upheld Alternative provision 15-Jul-2025

Summary: Mr and Mrs X complained the Council delayed providing their child, Y with an education placement or an appropriate education following an Education, Health and Care (EHC) Plan review in 2023. The Council was at fault. It failed to keep oversight of Y’s education or decide whether alternative provision was appropriate when they were out of school. It then failed to ensure Y could attend their named placement in the EHC Plan. It meant Y went without education for three terms. The Council also failed to issue an amended EHC Plan naming a post-16 placement in Y’s phase transfer year. The Council agreed to apologise and make payments to Mr and Mrs X and Y to recognise the impact on Y’s education and the distress and uncertainty caused.

Surrey County Council (24 014 876)

Statement Not upheld Alternative provision 14-Jul-2025

Summary: Ms X complained about the Council’s failure to provide her child, Y, with a suitable education when he was unable to attend school. We did not find the Council was at fault because it was satisfied with action taken by the school to reintegrate Y back to school during the time we were able to investigate. We did not investigate what happened from April 2024 because Ms X appealed to the SEND Tribunal.

Birmingham City Council (24 013 203)

Statement Upheld Alternative provision 08-Jul-2025

Summary: The Council was at fault in how it decided whether to arrange alternative education provision for Mrs X’s child, W. This caused Mrs X frustration, uncertainty and frustration and meant W missed out on two terms of provision. To remedy their injustice, the Council will pay Mrs X a total of £1350 and apologise to her. It will also issue a reminder and clarification to staff so the fault does not happen again.

Kent County Council (24 011 753)

Statement Upheld Alternative provision 06-Jul-2025

Summary: Miss X complained about how the Council managed her child, Y’s, education and their Education, Health and Care (EHC) Plan. The Council was at fault. It delayed Y’s EHC needs reassessment, did not complete one of Y’s annual reviews, initially did not consider its section 19 duty, did not provide all Y’s Section F provision and delayed issuing Y’s EHC Plan. This caused Miss X an injustice and Y was not provided all the educational provision they were entitled to. The Council will apologise and pay £6,300 to acknowledge Y’s missed education and provision and a symbolic payment of £800 to Miss X. The Council has already put in place actions to improve its service.

Torbay Council (25 000 846)

Statement Closed after initial enquiries Alternative provision 04-Jul-2025

Summary: We will not investigate this complaint about the Council’s decision to cease home tuition for the complainant’s son. This is because there is insufficient evidence of fault on the Council’s part to warrant our intervention.

Bristol City Council (25 002 921)

Statement Upheld Alternative provision 04-Jul-2025

Summary: Miss X complains the Council has delayed implementing the recommendations of a previous Ombudsman’s investigation. The Council delayed implementing recommendations of a previous Ombudsman investigation. Miss X suffered delay and uncertainty. The Council says it will pay Miss X a further £250, provide guidance to staff and review its processes. This is an appropriate remedy.

Leicestershire County Council (24 013 219)

Statement Upheld Alternative provision 03-Jul-2025

Summary: Mrs X complained the Council failed to provide education for her child for over three years. Mrs X also complained the Council failed to review or update 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 22 May 2023 to 28 August 2024. We also found fault with the Council delaying by 17 months outside the statutory timescales in reviewing Mrs X’s child’s Education, Health and Care Plan. The Council has also accepted it failed to provide provision to Mrs X’s child from their Education, Health and Care Plan or provide suitable education from 3 September 2024 to 30 May 2025. We have detailed the actions the Council has agreed to take to address the injustice its fault caused in paragraph 86 of this decision statement.

North Northamptonshire Council (25 001 113)

Statement Closed after initial enquiries Alternative provision 02-Jul-2025

Summary: We will not investigate this complaint that the Council failed to make appropriate educational provision for the complainant. The complaint is late and there are insufficient grounds for us to consider it now.

Cornwall Council (24 011 634)

Statement Upheld Alternative provision 01-Jul-2025

Summary: Ms X complained the Council failed to provide alternative provision for her son when his educational placement broke down. She is also concerned about the Educational Psychologist report, the Councils requests for medical evidence and its failure to consider her complaint at stage two. The Council is at fault for failing to offer a stage two investigation. This has caused Ms X distress for which I have recommended a remedy.