Statement Upheld Alternative provision 08-Jul-2021
Summary: Mrs X complains that the Council failed in its duty to ensure her son, B, was provided with a suitable education. Based on the evidence seen to date, the Council failed to demonstrate its decision- making in respect of B's alternative education. The Council is also at fault in its complaints handling. The Council has caused injustice to Mrs X for which we recommend an apology and some service improvements.
Statement Not upheld Alternative provision 21-Jun-2021
Summary: Mrs X complained about the Council's actions in respect of the elective home education which she is providing to her son. We are discontinuing our investigation because a group of parents have leave to pursue a judicial review of the Council's policy and procedures. Mrs X's complaint is inextricably linked to this legal action.
Statement Upheld Alternative provision 14-Jun-2021
Summary: Mrs X complained about the Council's failure to provide her son, D, with suitable education for several months, including support for his special educational needs. The Council already accepted it was at fault for some of this time, apologised and offered a financial payment to remedy the injustice caused. We have also found the Council was at fault for the earlier period because it should have been aware that D was unable to attend school for medical reasons. To remedy this injustice, the Council has agreed to make an additional payment to Mrs X.
Statement Upheld Alternative provision 04-Jun-2021
Summary: Mr C complains the Council failed to fulfil its duty to ensure his daughter (D) had access to full time education. Mr C says this resulted in a loss of education for his daughter and additional difficulties and distress to her and his family. We have found delay by the Council in arranging education provision but consider an apology and payment provides a suitable remedy.
Statement Not upheld Alternative provision 28-May-2021
Summary: We have discontinued our investigation into Ms X's complaint that the Council failed to provide adequate educational and special educational provision for her son. This is because Ms X had appeal rights to the Special Educational Needs and Disability Tribunal which she exercised.
Statement Upheld Alternative provision 21-May-2021
Summary: Mrs X complained the Council failed to ensure her granddaughter, D, received appropriate education from October 2019 to December 2019. She also said the Council failed to provide the provision outlined in the EHCP. The Ombudsman has found fault by the Council which has caused D to miss out on special educational provision. The Council will apologise, make a financial payment and service improvements.
Statement Upheld Alternative provision 04-May-2021
Summary: Miss X complained the Council failed to investigate her concerns about safeguarding of her son, failed to provide support required by her son's EHCP and failed to provide an education while her son was not at school. We found there was no fault in regard to the safeguarding issue. However, the Council were at fault for not providing education and EHCP provision. There was also fault in the way the Council handled Miss X's complaint.
Statement Upheld Alternative provision 25-Mar-2021
Summary: Mrs X complains the Council failed to provide suitable educational provision for her son and to find him a suitable placement at a specialist school. She also says it took too long to issue him with an Education Health Care Plan. We found fault with the Council and it agreed to our recommendations to remedy the injustice caused.
Statement Upheld Alternative provision 24-Feb-2021
Summary: Mrs X complained the Council failed to provide her son, F, with suitable education following his permanent exclusion from school in March 2019. She also complained the Council delayed issuing F's Education, Health and Care Plan and delayed approving his post-16 placement. The Council provided F with suitable alternative provision in line with the law following his exclusion from school. It was at fault for failing to issue F's Education, Health and Care Plan in line with statutory timescales and for failing to name his post-16 placement before the start of the academic term. The Council agreed to apologise and pay Mrs X £300 to acknowledge F's loss of educational opportunity between September and November 2020. It also agreed to pay Mrs X £100 to acknowledge the frustration and time and trouble the matter caused her.
Statement Upheld Alternative provision 16-Feb-2021
Summary: Ms X complained the Council did not provide any alternative educational provision for her son while he was out of school between April 2019 and November 2020. Ms X also complained the Council delayed in identifying an appropriate school for her son and failed to comply with the statutory timeframes for completing his EHC Plan. The Council's failure to provide Y with alternative educational provision between April 2019 and November 2020 amounts to fault. As does the delay in issuing a final EHC plan. These faults have caused Ms X and Y an injustice.