Derby City Council (24 007 045)

Statement Upheld Alternative provision 20-May-2025

Summary: Mrs X complained about how the Council arranged and reviewed the special education provision in her daughter, Y’s, Education Health and Care Plan. There was fault in how the Council arranged the support for Y, how it responded to changes Mrs X asked for, and delays following a review in May 2024. This caused Mrs X avoidable frustration, worry and uncertainty, along with some extra financial cost. The Council agreed to apologise, issue an amended final plan and pay Mrs X a financial remedy. It also agreed to review how is arranges education outside school settings and issue reminders to its staff.

Somerset Council (24 009 840)

Statement Upheld Alternative provision 15-May-2025

Summary: Mrs X complained the Council failed to provide an education for her son, Y, for two and half years, delayed issuing an Education, Health and Care (EHC) Plan and then issued it without all the relevant information and named a school Y would not attend. Mrs X also complained the Council delayed taking action after it completed mediation about the EHC Plan. The Council was at fault for delaying to issue Y’s EHC Plan, delaying taking action following mediation and failing to maintain oversight of alternative provision Y was receiving. This caused Mrs X avoidable frustration and uncertainty. The Council will apologise, make a symbolic payment and take action to improve its service.

Sheffield City Council (24 021 877)

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

Summary: We will not investigate this complaint about alternative educational provision. There is not enough evidence of fault in the way the Council reached its decision that part-time education was sufficient for the child to warrant investigation by us.

Worcestershire County Council (24 012 293)

Statement Upheld Alternative provision 13-May-2025

Summary: Mrs X complained the Council failed to arrange alternative educational provision for her child (Y) after they became unwell and unable to attend school in the 2023/2024 school year. The Council was at fault for failing to consider alternative educational provision when Mrs X raised attendance problems in late April 2024. However, this did not cause an injustice as Y was not absent for 15 days or more which is a requirement for the Council to arrange alternative provision. Y also went on study leave five weeks after Mrs X raised attendance problems and any alternative education provision would not have been arranged before this period.

West Northamptonshire Council (24 014 931)

Statement Upheld Alternative provision 08-May-2025

Summary: Mrs X complained the Council failed to provide her child, Y with an education in line with their Education, Health and Care (EHC) Plan between May 2024 and January 2025 after Y was permanently excluded from school. She also complained about a delay in holding an annual review of Y’s EHC Plan. The Council was at fault. It failed to provide Y with any education while they were out of school and has delayed holding the annual review, to date, by four months. The Council agreed to make payments to recognise Y’s loss of education and for the distress and uncertainty caused to Mrs X. It will also arrange Y’s annual review without further delay.

City of Bradford Metropolitan District Council (24 021 089)

Statement Closed after initial enquiries Alternative provision 08-May-2025

Summary: We will not investigate Mrs X’s complaint about the Council’s actions around issuing School Attendance Orders. It is not appropriate for us to investigate as Parliament provided other options to challenge the Orders.

Lancashire County Council (24 011 066)

Statement Upheld Alternative provision 29-Apr-2025

Summary: Ms A complained the Council failed to ensure Mrs X’s child received suitable education since September 2023. Ms A also complained the Council failed to complete an Education, Health and Care Needs Assessment of for Mrs X’s child. We found fault for the Council failing to properly consider and act on its Section 19 duty for a total of 19 weeks from January 2024 to July 2024. We also found fault with the Council failing to consider when it should complete an Education, Health and Care Plan Needs Assessment. The Council agreed to apologise to Mrs X and pay her £250 for the avoidable frustration and inconvenience its fault caused her. The Council also agreed to pay Mrs X’s child £2,300 for their missed education caused by its fault.

Stockport Metropolitan Borough Council (24 008 722)

Statement Not upheld Alternative provision 28-Apr-2025

Summary: Mrs X complains the Council failed to arrange suitable education for her child and it is refusing to reimburse costs for the educational provision she arranged privately. The Council was not at fault for the length of time it took to arrange alternative provision and I am satisfied the Council considered all relevant information when deciding what and how much provision was suitable for her child. There is no fault and no injustice to Mrs X or to her child.

Central Bedfordshire Council (24 008 847)

Statement Upheld Alternative provision 28-Apr-2025

Summary: Ms X complained the Council failed to refer her daughter to the complex needs team and failed to make section 19 provision. This has caused Ms X distress and her daughter to miss out on education. The Council is at fault for failing to make a decision on the section 19 duty and providing a written copy of this to Ms X. This has caused uncertainty. I have recommended a remedy.

Calderdale Metropolitan Borough Council (24 011 315)

Statement Upheld Alternative provision 27-Apr-2025

Summary: Mr and Mrs X complained the Council took too long to act when they advised it they could no longer home educate their child, Y. The Council is at fault for delays in consulting with schools, delay in issuing Y’s final Education, Health and Care (EHC) Plan, failing to provide Y with the provision in his EHC Plan when Mrs X had advised it she could no longer home educate him and failing to provide a timely response to Mrs X’s complaint and her concerns. This has resulted in Y missing out on a school place in September 2024, he is still at home and the Council expect him to continue to be home educated when Mrs X told the Council in November 2023 she could no longer home educate him, the Council’s actions have impacted upon Y’s education and development and they have caused avoidable distress to Mr and Mrs X. The Council has agreed to provide a remedy payment to acknowledge the injustice caused and to review Y’s education without delay.