London Borough of Ealing (23 018 697)

Statement Not upheld Alternative provision 19-Aug-2024

Summary: We have discontinued our investigation of this complaint, about the Council’s involvement with a child who was not attending school full-time. This is because we could not add to the Council’s response or provide anything meaningful through further investigation.

Kent County Council (24 003 277)

Statement Not upheld Alternative provision 18-Aug-2024

Summary: During the course of another investigation, we became aware the Council may have a policy limiting tuition for children out of education to ten hours per week. The Council was not at fault because it tailors tuition provision to a child’s needs without a maximum number of weekly hours.

Barnsley Metropolitan Borough Council (23 017 703)

Statement Not upheld Alternative provision 13-Aug-2024

Summary: We found no fault on Mrs B’s complaint about the Council failing to provide her daughter with suitable alternative education provision. It had no reason to consider it as she had a part time school timetable, received support, and was assessed by an educational psychologist as part of her Education Heath and Care assessment. The draft Education Health and Care Plan made no provision for her to receive alternative provision.

Suffolk County Council (24 002 803)

Statement Upheld Alternative provision 13-Aug-2024

Summary: We will not investigate Miss X’s complaint about the Council’s financial remedy it paid her in recognition of her child, Y’s, lost education after they were excluded from school in March 2023. This is because the Council’s remedy was in line with the Ombudsman’s Guidance on Remedies and an investigation by the Ombudsman is unlikely to achieve anything further.

Wigan Metropolitan Borough Council (23 018 495)

Statement Upheld Alternative provision 11-Aug-2024

Summary: The Council investigated the complainant’s concerns about the lack of education for her daughter. It found some fault in its actions and offered a remedy for the injustice. We endorse the Council’s findings. But we recommended an increase in the symbolic payment for the loss of suitable alternative education, which the Council has agreed to pay. We are therefore closing the complaint.

Lancashire County Council (23 013 449)

Statement Upheld Alternative provision 08-Aug-2024

Summary: Mrs X complained the Council failed to secure the special educational provision in her child, W’s Education, Health and Care Plan, when they stopped attending school. The Council was at fault. It was also at fault for delay in holding a review of W’s Plan and amending it after the review. This meant W missed out on provision they should have had, and Mrs X experienced avoidable upset, frustration and stress. To remedy their injustice, the Council will apologise to Mrs X and pay her £6,650. The Council will also issue a staff reminder, identify why it failed to arrange tutoring for W despite saying it would and tell the Ombudsman of the steps it will take to prevent that failing happening again in future.

Surrey County Council (23 018 629)

Statement Upheld Alternative provision 08-Aug-2024

Summary: The Council was not at fault for refusing to deliver alternative educational provision to Ms B’s son while he was out of school. It followed correct procedure and considered evidence properly before reaching its decision. However, it was at fault for a short delay in providing support for Ms B’s son’s special educational needs. It has agreed to make a symbolic payment to recognise his injustice.

Hampshire County Council (23 020 857)

Statement Closed after initial enquiries Alternative provision 07-Aug-2024

Summary: We cannot investigate Mrs X's complaint the Council did not provide alternative provision to her son when they were not going to school. That is because the decision about alternative provision is not separable from her appeal about the content of an Education, Health, and Care plan. Therefore, the law says we cannot investigate.

West Berkshire Council (24 003 970)

Statement Closed after initial enquiries Alternative provision 04-Aug-2024

Summary: We will not investigate Mrs X’s complaint about whether the Council has provided suitable education to Y. We cannot investigate this as the Tribunal is deciding what is a suitable education for Y.

Devon County Council (23 020 832)

Statement Upheld Alternative provision 02-Aug-2024

Summary: Mrs X complains the Council did not properly deal with education provision for her daughter Y. The Council is at fault because tutoring provided was not good enough and there has been delay in making further provision. Y suffered loss of education provision. The Council should apologise to Mrs X and Y and pay Mrs X £3000.