Bury Metropolitan Borough Council (24 004 413)

Statement Closed after initial enquiries Special educational needs 30-Jul-2024

Summary: We cannot investigate this complaint about the Council’s conduct during an appeal to the SEND Tribunal. The law prevents us from investigating complaints about the actions of a council during a tribunal appeal.

Hampshire County Council (24 003 752)

Statement Closed after initial enquiries Special educational needs 30-Jul-2024

Summary: We cannot investigate Ms X’s complaint about the Council’s failure to provide a full-time education for her son, Y, when he was out of school for health reasons linked to his special educational needs, nor that it did not deliver the provision in his Education Health and Care Plan whilst he was out of school. This is because Ms X appealed the Council’s decision that the school place was suitable for Y and the missed provision could not be provided outside a school setting.

Surrey County Council (24 003 871)

Statement Closed after initial enquiries Special educational needs 30-Jul-2024

Summary: We will not investigate Mrs X’s complaint about the Council’s actions during her child’s Education, Health and Care (EHC) Plan annual review and the content of the final amended EHC Plan. This is because Mrs X has a right of appeal to a tribunal about the content of the amended EHC Plan and it is reasonable for her to use it. A complaint about the Council’s actions during the annual review process is connected to and could form part of an appeal, so we cannot investigate this.

West Sussex County Council (24 003 598)

Statement Closed after initial enquiries Special educational needs 30-Jul-2024

Summary: We cannot investigate most of Mrs X’s complaint because she has appealed the Council’s decision not to conduct an Education, Health and Care needs assessment of her child to the SEND Tribunal. We will not investigate the remainder of the complaint because an investigation is unlikely to achieve a different outcome.

Birmingham City Council (23 015 247)

Statement Upheld Special educational needs 30-Jul-2024

Summary: Mrs X complains about the Council’s failure to carry out an annual review within statutory timescales, and the delivery of Section H provision to her daughter, Y. Mrs X also complains about the Council’s decision to stop making personal budget payments directly to her. We intend to conclude our investigation having made a finding of fault. We found the Council failed to carry out an annual review when it should have, and failed to inform Mrs X it did not agree with the Tribunals’ recommendations. We did not find fault for the Council’s decision to stop making personal budget payments direct to Mrs X, and have not seen evidence that the Council’s decision impacted the delivery of provision to Y. The Council has agreed to our recommendations.

Hertfordshire County Council (23 015 636)

Statement Upheld Special educational needs 30-Jul-2024

Summary: Mrs X complained about the time taken by the Council to issue a final Education, Health and Care Plan for her child following their annual reviews. As a result the child has not received the support they should have. To remedy the injustice caused the Council agreed to apologise, make payments to acknowledge the distress caused to Mrs X and the loss of her child’s special educational provision.

Kent County Council (23 013 257)

Statement Upheld Special educational needs 30-Jul-2024

Summary: Mrs X complained the Council delayed in reviewing and amending her child D’s Education, Health, and Care Plan, and failed to respond to her complaint about this. There was fault by the Council which caused D to miss some support for their special educational needs. The fault also caused avoidable distress, time, and trouble for Mrs X. The Council agreed to apologise and pay a financial remedy. It will also identify any changes needed to its complaint handling process so it does not fail to respond to complaints in future.

Salford City Council (23 013 817)

Statement Upheld Special educational needs 30-Jul-2024

Summary: Mrs X complains that her daughter Y, has not access to a full-time education in a setting that it able to meet her needs. We have concluded our investigation having made a finding of fault. The Council acknowledges fault where there was delay in arranging Y’s admission in July 2023. The Council also acknowledges fault for the period between October 2023 – February 2024, where Y was without alternative provision, nor access to a full-time education until a placement secured. The Council has proposed a remedy which we consider proportionate in the circumstances and has agreed to action this.

London Borough of Lambeth (23 011 449)

Statement Upheld Special educational needs 30-Jul-2024

Summary: Ms X complains the Council delayed in reviewing her child D’s Education, Health, and Care Plan, and communicated poorly with the family. There was fault by the Council which caused avoidable distress to D and Ms X. It also delayed D in returning to an educational setting when they wanted to, following a period of Elective Home Education. The Council agreed to pay a financial remedy and re-allocate the family’s case to a different officer in its Special Educational Needs and Disabilities service. It will also share our decision with relevant staff for discussion and learning from the faults identified.

Somerset Council (23 016 241)

Statement Upheld Special educational needs 30-Jul-2024

Summary: Mrs C complained about delays following an annual review of her son’s Education, Health and Care Plan. We found the Council was at fault. This caused Mrs C unnecessary distress and frustrated a possible appeal about the content of the plan. Mrs C was also put to unnecessary time and trouble in chasing the Council for a response to her complaint. The Council has accepted our recommendations for the action it should take to remedy this injustice.