Brighton & Hove City Council (24 019 936)

Statement Closed after initial enquiries Alternative provision 21-Apr-2025

Summary: We will not investigate Ms X’s complaint about a remedy offered for missed education provision. We are unlikely to achieve significantly more.

Surrey County Council (24 009 196)

Statement Upheld Alternative provision 15-Apr-2025

Summary: Mrs X complained that the Council failed to make suitable education provision for Y when the family moved into the area. The Council was at fault as it delayed in making education provision for Y, failed to explain why it considered a school was suitable, delayed in carrying out an annual review of Y’s Education, Health and Care Plan and delayed in issuing an amended Plan. This meant Y missed education provision between March and July 2024 and the faults caused distress to Mrs X. The Council has appropriately remedied the loss of education provision between April and July 2024 but it has agreed to make a symbolic payment of £400 to Mrs X to remedy a further two weeks of missed provision. The Council has also agreed to make a symbolic payment of £500 to Mrs X to acknowledge the distress and uncertainty caused to her by the delay in issuing the amended Education, Health and Care plan and failure to explain why a school was suitable.

Durham County Council (24 019 162)

Statement Closed after initial enquiries Alternative provision 15-Apr-2025

Summary: We will not investigate this complaint that the Council has failed to make alternative educational provision for the complainant’s daughter while she has been unable to attend school. This is because there is insufficient evidence of fault on the Council’s part to warrant investigation.

Essex County Council (24 018 542)

Statement Closed after initial enquiries Alternative provision 10-Apr-2025

Summary: We will not investigate Miss X’s complaint about the Council’s failure to provide alternative provision. There is inadequate evidence of fault to warrant investigation

Surrey County Council (24 006 832)

Statement Upheld Alternative provision 09-Apr-2025

Summary: Mrs M complains the Council failed to arrange alternative education for her daughter, G, when she became unable to attend school. The Council relied on G’s school to make a referral even though the Council’s inclusion service was aware of problems. The Council has not considered its duty to make alternative arrangements for G’s education despite knowing she has not attended school since March 2024. The Council has agreed to consider its duty and make a symbolic payment to acknowledge the impact of the delay.

Middlesbrough Borough Council (24 002 339)

Statement Upheld Alternative provision 07-Apr-2025

Summary: Miss X complains the Council delayed arranging a school place or alternative provision for Child Y, which meant they were without education for a year. We find fault with the Council for the delay in assigning Child Y a school place, and for failing to arrange alternative provision meanwhile. We also find fault with the Council for its complaint handling. The Council has agreed to make financial payments in recognition of the distress and missed provision, as well as carry out service improvements.

Walsall Metropolitan Borough Council (24 009 914)

Statement Upheld Alternative provision 02-Apr-2025

Summary: Mrs X complained about failings and delays in the annual review process and in issuing a final amended EHC Plan for her daughter. Mrs X complained the Council failed to provide appropriate or adequate support when she removed her daughter from the school roll. And of poor communication from the SEND Team. We found the delay and failure to follow proper procedure in the Annual Review process and in issuing an amended Final Plan is fault. This fault has caused Mrs X distress and frustration. The Council has agreed to apologise and make a payment to Mrs X and issue reminders to relevant staff.

Portsmouth City Council (24 018 423)

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

Summary: We cannot investigate Mrs X’s complaint about the education provided to D. Mrs X has appealed the suitability of the Council’s education offer to the Tribunal.

Devon County Council (24 007 194)

Statement Upheld Alternative provision 01-Apr-2025

Summary: Ms X complained about delays in the EHC needs assessment process and in issuing an EHC Plan for her daughter. Ms X also complains the Council failed to provide her daughter with a suitable education when she was unable to attend school. We found the delays in the EHC plan process and in issuing a final EHC Plan is fault. As was the failure to provide suitable alternative educational provision. These faults have caused Ms X frustration, distress and uncertainty and have meant that Y has missed out on education. The Council has agreed to apologise to Ms X and Y and make payments to remedy the injustice.

Dorset Council (24 018 781)

Statement Closed after initial enquiries Alternative provision 31-Mar-2025

Summary: We will not investigate this complaint that the Council has failed to make educational provision for the complainant’s son. There is insufficient evidence of fault on the Council’s part to warrant investigation.