Essex County Council (24 004 328)

Statement Upheld Alternative provision 28-Oct-2025

Summary: Miss X complained about the Council’s failure to ensure her son (Y) received education and support included in his Education Health and Care Plan. We found fault with the Council in the way it carried out its alternative provision duty and reviewed Y’s Educational Health and Care Plan. The Council’s fault meant Y missed education and support he needed. It also caused significant distress to Miss X. The Council has agreed to apologise, arrange a meeting to check Y’s engagement with his post-16 education and make symbolic payments. The Council has previously agreed to improve its services.

North Northamptonshire Council (24 021 611)

Statement Upheld Alternative provision 27-Oct-2025

Summary: Miss B complained the Council failed to follow the statutory process for issuing an Education, Health and Care Plan for her son. We find the Council at fault for a delay in issuing the final Education, Health and Care Plan. This caused Miss B distress, frustration and uncertainty. The Council has agreed to apologise, make a symbolic payment to Miss B and complete service improvements to remedy the injustice caused.

Birmingham City Council (25 004 376)

Statement Closed after initial enquiries Alternative provision 27-Oct-2025

Summary: We will not investigate this complaint about the Council not providing alternative educational provision to Miss X’s child. This is because the injustice she claims stems from actions taken by the school, and there is not enough evidence of fault by the Council.

Liverpool City Council (24 019 799)

Statement Upheld Alternative provision 16-Oct-2025

Summary: The Council failed to implement alternative educational provision for Mr X’s child, Y after they stopped attending school. This was fault which caused Y to miss out on education. The Council has apologised and offered Mr X £7200 to remedy the injustice caused. We are satisfied with the Council’s actions. The Council was also at fault for its delayed complaint responses. It has agreed to apologise and pay Mr X £100 to remedy the injustice caused by this.

Worcestershire County Council (24 021 652)

Statement Upheld Alternative provision 16-Oct-2025

Summary: Mrs C complained the Council failed to provide education for her son, who has special educational needs, following his exclusion from school. We upheld the complaint finding for more than four months the Council made either no education provision, or inadequate provision for Mrs C’s son. This loss of provision was an injustice. The Council proposed action it would take to remedy the complaint, set out at the end of this statement. We agreed this would provide a fair outcome to the complaint and so completed our investigation.

Luton Borough Council (24 018 180)

Statement Upheld Alternative provision 15-Oct-2025

Summary: Miss X complained the Council failed to provide a suitable education for her son following an exclusion. We found there was a lack of alternative provision. There was also a delay in completing the 2024 Education Health and Care Plan review process. We recommended an apology and a payment to recognise the injustice caused by the fault.

North Yorkshire Council (24 021 888)

Statement Upheld Alternative provision 15-Oct-2025

Summary: The Council delayed issuing the Education, Health and Care (EHC) Plan for Ms X’s grandchild, Y. It also delayed responding to Ms X’s complaint. The Council has agreed to apologise and make a payment to Ms X. The Council was not at fault for not arranging alternative provision when Y stopped attending school. The Council was entitled to allow the school to try and reintegrate Y. We cannot investigate Ms X’s complaint about Y’s education from September 2024 as Ms X had appealed to the special educational needs and disabilities (SEND) Tribunal and the matters are linked.

Derbyshire County Council (24 004 015)

Statement Upheld Alternative provision 14-Oct-2025

Summary: We found fault on Mrs Y’s complaint about the Council failing to ensure her son Z received the provision set out in his Education, Health and Care plan. It failed to show it considered whether alternative provision was needed and whether provision under his plan was being provided when circumstances changed. It also delayed holding an annual review of his plan. The Council agreed to send her an apology, £3,600 for lost educational provision, £200 for the delay, and review its procedures to ensure the failures found cannot be repeated on future cases.

Hampshire County Council (24 021 445)

Statement Upheld Alternative provision 13-Oct-2025

Summary: Miss X complained that since 2021, the Council has not provided her child with a suitable education. We find the Council at fault for failing to secure the special educational provision in her child’s Education, Health and Care Plan and for failing to consider whether it had a duty to arrange alternative provision while her child was not attending school. This caused a loss of specialist support and avoidable uncertainty. The Council has agreed to apologise and make a payment to Miss X.

North Yorkshire Council (25 007 055)

Statement Closed after initial enquiries Alternative provision 13-Oct-2025

Summary: We cannot investigate Mrs X’s complaint about the Council’s failure to secure the content of her child’s Education, Health and Care Plan or its decision not to provide alternative provision. This is because she appealed to the SEND Tribunal, and the law says we cannot investigate.