Hertfordshire County Council (25 013 712)

Statement Upheld Alternative provision 28-Jul-2026

Summary: Mrs X complained the Council failed to act on its decision a special school would be suitable for her son, who I will refer to as Y. She also complained the Council did not provide alternative provision to Y, and its communication was poor. The Council was at fault. It failed to properly consider whether it had a section 19 duty, failed to issue decision letters following annual reviews, and delayed issuing the final amended Education, Health and Care (EHC) Plan. Its communication was also poor. Mrs X and Y suffered distress and uncertainty, and Mrs X had a delayed right of appeal as a result. The Council will apologise to Mrs X and make symbolic payments.

Somerset Council (25 020 946)

Statement Upheld Alternative provision 27-Jul-2026

Summary: We upheld Mrs B’s complaints about the Council’s education service. The Council delayed issuing her daughter with an Education, Health and Care Plan and communicated poorly with Mrs B. It also failed to address C’s need for education when, over many months, her attendance at school fell and then stopped. These faults contributed to C losing education provision, which caused injustice to her. The Council has accepted these findings and agreed to take action to remedy the injustice and improve its service.

Knowsley Metropolitan Borough Council (25 023 676)

Statement Closed after initial enquiries Alternative provision 27-Jul-2026

Summary: We will not investigate this complaint about the education and support provided to a child because the complaint is late.

Stoke-on-Trent City Council (25 024 646)

Statement Closed after initial enquiries Alternative provision 27-Jul-2026

Summary: We will not investigate Miss X’s complaint about the Council’s refusal to conduct an Education, Health and Care Needs Assessment of her child, Y, because it was reasonable for Miss X to have appealed this to a tribunal. We will not investigate her complaint about a failure to organise alternative provision for Y because there is insufficient evidence of fault.

Essex County Council (26 011 342)

Statement Closed after initial enquiries Alternative provision 27-Jul-2026

Summary: We cannot investigate this complaint about a school’s actions relating to welfare visits. This is because the law does not allow us to investigate complaints about a school’s actions.

West Berkshire Council (25 018 729)

Statement Upheld Alternative provision 23-Jul-2026

Summary: The Council was not at fault for deciding it did not owe a section 19 duty to secure suitable alternative education after Y stopped attending school in October 2024. The Council was at fault for failing to properly consider if it owed a section 19 duty to secure suitable alternative education for Y after they stopped attending school again in September 2025. The Council was also at fault because it failed to issue Y with an Education, Health and Care Plan within the statutory timescales, caused in part by a delay in getting Educational Psychologist advice. The Council has agreed to apologise and make a symbolic payment to remedy the injustice caused.

East Riding of Yorkshire Council (25 014 426)

Statement Upheld Alternative provision 22-Jul-2026

Summary: The Council was at fault for delays in consulting schools and finalising Y’s Education Health and Care Plan following their annual review, for poor communication and for failing to ensure Y received an appropriate and accessible education whilst it sought an alternative school. The Council has agreed to apologise and make a payment to Mrs X to acknowledge the loss of education provision, uncertainty, frustration and delayed appeal rights this caused.

Lancashire County Council (24 023 088)

Statement Upheld Alternative provision 22-Jul-2026

Summary: The Council was at fault for failing to consider delivering education to Mrs X’s son while he was not attending school. It also caused significant delays in deciding his special educational needs support. These failings affected Y’s education and caused Mrs X distress. Mrs X also paid for tuition for Y for around a year when the Council did not respond to her requests for support. The Council has agreed to refund Mrs X for the tuition and will make symbolic payments to Mrs X and Y to recognise their injustice.

Oldham Metropolitan Borough Council (25 012 641)

Statement Upheld Alternative provision 20-Jul-2026

Summary: The Council was at fault in delaying in issuing an Education, Health and Care Plan for child Y. It was also at fault for failing to arrange suitable alternative educational provision for Y. The Council’s handling of Mr X’s complaint was poor. The Council’s faults caused Y lost educational provision, and caused Mr X uncertainty, frustration, put him to time and trouble and delayed his appeal rights. The Council agreed to apologise and make payments to Mr X to remedy the injustice caused by its faults. It has also agreed recommendations to improve its services.

Devon County Council (25 019 367)

Statement Closed after initial enquiries Alternative provision 19-Jul-2026

Summary: We will not investigate this complaint that the Council has failed to make alternative and special educational provision for the complainant’s child. This is because there is insufficient evidence of fault on the Council’s part, and the complainant has used her right to appeal to the First-tier Tribunal (Special Educational Needs and Disability).