Recent statements in this category are shown below:
Statement Upheld Alternative provision 01-Apr-2019
Summary: Mr B left college in October 2016. He did not return to any form of education or training until April 2018, eighteen months later. The Council took too long to amend Mr B's Education, Health and Care (EHC) Plan, and did not support Mr B to return to education as soon as practically possible. However, Mr B's appeal to the Tribunal means the Ombudsman cannot consider much of his complaint.
Statement Upheld Alternative provision 22-Mar-2019
Summary: Ms X complains the Council failed to provide her son, Y with an education for three years, and delayed in dealing with her complaint. The Council's failure to keep proper records; to identify that Y was out of education in 2012; and to provide him with alternative provision amounts to fault. There was also fault in the way the Council dealt with Ms X's complaint. These faults have caused Y and Ms X an injustice.
Statement Upheld Alternative provision 05-Mar-2019
Summary: Mrs X complains the Council did not follow the statutory procedure when it arranged the annual review of her son's Education, Health and Care Plan. Additionally, she complains it failed to provide him a suitable education in accordance with Section 19 of the Education Act 1996, and did not follow its own policy when it dealt with her complaint about these matters. The Ombudsman has found the Council was at fault for not completing the annual review process within the 12-month time limit. We have also found it was at fault for taking too long to arrange alternative educational provision and for not ensuring the full provision detailed in her son's plan was given. This resulted in Mrs X incurring costs arranging alternative tuition and her son not receiving the full provision he was entitled to. Therefore, to remedy this injustice the Council has agreed to make a payment to them and apologise for its faults. It has also briefed its staff so they can learn from this complaint and ensure the faults identified do not reoccur.
Statement Not upheld Alternative provision 30-Jan-2019
Summary: Ms X complained that the Council failed to provide suitable education for her daughter when she was permanently excluded from school. The Ombudsman has not found that the Council was at fault as it made offers of education through its alternative provision service which Ms X and her daughter did not take up.
Statement Upheld Alternative provision 14-Jan-2019
Summary: Miss Y complains that the Council failed in its duty to provide suitable education for her son, X, after she moved into its area. The Ombudsman finds the Council is responsible for some delay in finding a placement for X, and it will remedy the injustice this caused with a payment of £375.
Statement Upheld Alternative provision 14-Dec-2018
Summary: the Council should have made alternative arrangements for B's education following a referral by his school in December 2017. The Council has agreed to make a payment for the education B missed.
Statement Upheld Alternative provision 05-Dec-2018
Summary: The complainant alleges that the Council failed to provide appropriate alternative education for her son who was unable to attend school for medical reasons. The Ombudsman has found fault in that there was an unreasonable delay by the Council in making a referral to its Health Needs Team. As a result, the complainant's son has missed out on suitable alternative education at a key stage in his school career. The Council has agreed the Ombudsman's recommended actions to resolve the complaint and it will clarify its policy for children unable to attend school for medical reasons.
Statement Upheld Alternative provision 19-Oct-2018
Summary: Mrs M complained the Council had failed to put in place alternative educational provision when her son was out of school. There is evidence of fault and the Council has been asked to apologise, make a payment and change its procedures.
Statement Upheld Alternative provision 16-Oct-2018
Summary: Mrs X complained that the Council failed to ensure her son received any education for over six months when he was medically unfit to attend school and had an Education Health and Care Plan. The Council failed to take proper action to ensure he received an education for part of the period. It has agreed a suitable remedy.
Statement Not upheld Alternative provision 08-Oct-2018
Summary: Mr F objects to the Council's enquiries about his daughter, D's education. He believes he provided sufficient evidence she receives a suitable education. He considers the Council's threat of prosecution was unjustified. There is no fault in the Council's actions. The Ombudsman cannot question decisions taken without fault.