Recent statements in this category are shown below:
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Central Bedfordshire Council (23 002 708)
Statement Upheld Alternative provision 05-Mar-2024
Summary: Mrs X complained the Council failed to provide a suitable education for her daughter, Y, when she was unable to attend school. There was fault in how the Council took too long to issue Y’s Education Health and Care plan and to arrange alternative education for Y, and in how it communicated with Mrs X. The Council agreed to fully apologise for those delays and pay a financial remedy. It also agreed to review how it manages contact with its special educational needs team and develop a plan to improve access to educational psychology advice.
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Brighton & Hove City Council (23 010 785)
Statement Upheld Alternative provision 01-Mar-2024
Summary: Mrs X complained the Council failed to provide suitable education since July 2022. We found fault with the Council failing to provide suitable education for various time periods from July 2022 until November 2023. The Council agreed to apologise to Mrs X and pay her £1,400 for her child’s missed education. The Council also agreed to pay Mrs X £200 for the uncertainty about what educational provision should have been in place for 10 weeks from January 2023 to March 2023.
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Statement Upheld Alternative provision 27-Feb-2024
Summary: Ms D complained the Council failed to provide her son with a full-time education when he stopped attending school. We find the Council was at fault for its delay in providing Ms D’s son with alternative provision. The Council has agreed to our recommendations to address the injustice caused by fault.
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East Sussex County Council (23 004 062)
Statement Upheld Alternative provision 20-Feb-2024
Summary: Miss X complains the Council failed to provide her child, Y, with alternative provision when he was permanently excluded from school. We have found the Council at fault for not providing provision to Y. The Council has agreed to our recommendations to remedy the injustice caused by the fault.
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Hampshire County Council (23 004 888)
Statement Not upheld Alternative provision 19-Feb-2024
Summary: Mrs X complained the Council failed to provide alternative education for her child when they were too ill to attend school. Mrs X said the lost education had a significant impact on her child. Mrs X said she suffered unnecessary and avoidable distress and frustration. We do not find the Council at fault. Also, most of the timeframe complained about is outside the Ombudsman’s jurisdiction.
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Devon County Council (23 007 134)
Statement Upheld Alternative provision 15-Feb-2024
Summary: There was a failure to provide alternative education and special educational provision in an EHC Plan when a child was unfit to attend school. This caused significant injustice including loss of education and additional stress to the family over an extended period. The Council will apologise, take action to put education in place, offer an assessment of social care needs for a disabled child and parent carer, and make symbolic payments to acknowledge the injustice caused.
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Statement Upheld Alternative provision 14-Feb-2024
Summary: Mrs X complained the Council failed to provide her child, Child Y with suitable alternative education while they could not attend school and failed to provide provision set out in Child Y’s Education, Health and Care Plan. The Council was not at fault because the Council considered Child Y had a suitable school placement and Mrs X had a right of appeal to the SEND tribunal. The Council was at fault for poor record keeping of a meeting and key decisions. We have already made recommendations to this Council on similar cases, so no further recommendations were needed.
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Birmingham City Council (23 003 933)
Statement Upheld Alternative provision 14-Feb-2024
Summary: Ms X complained her child has been out of school for a year and a half and the Council has failed to provide any education suitable for their needs. We found fault with the Council for failing to provide suitable education to Ms X’s child for two full terms and two weeks. The Council agreed to apologise to Ms X for its inaction and pay Ms X £3,250 for her child’s missed education.
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Cheshire East Council (23 015 175)
Statement Closed after initial enquiries Alternative provision 07-Feb-2024
Summary: We cannot investigate this complaint about the Council’s response to a pre-action protocol letter the Council sent Mrs X’s solicitor. That is because Mrs X has started legal proceedings and the matter she complains about forms part of those proceedings.
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Hertfordshire County Council (23 014 734)
Statement Closed after initial enquiries Alternative provision 02-Feb-2024
Summary: We will not investigate Mrs X’s complaint about the Council not making alternative educational provision for her child. The Council has reached the view this is not necessary, and that the child does not need an Education Health and Care needs assessment. Investigation by us would be unlikely to lead to a finding of fault as the Council is entitled to decide a matter is one of attendance. There is also a right of appeal against the Council’s refusal to assess it would be reasonable for Mrs X to use.