Bournemouth, Christchurch and Poole Council (24 008 764)

Statement Closed after initial enquiries Special educational needs 29-Oct-2024

Summary: We will not investigate Mrs X’s complaint about the Council’s handling of her son’s Education Health and Care Plan annual review because she has used her right of appeal to the SEND Tribunal. Her complaint that the Council failed to put in place suitable full-time education for her son is too closely linked to the annual review process and we cannot recommend the Council reimburses her legal fees from the appeal. While it is clear the Council delayed in finalising the Plan this did not cause significant enough injustice which is separate from the outcome of the review to warrant further investigation.

Kent County Council (23 020 660)

Statement Upheld Special educational needs 29-Oct-2024

Summary: The Council failed to put in place alternative educational provision for Mrs X’s son when he was unable to attend school because of anxiety. It also delayed in responding to Mrs X’s complaint. In recognition of the injustice caused by these failings, the Council has agreed to make a payment to Mrs X.

Hertfordshire County Council (23 021 086)

Statement Upheld Special educational needs 29-Oct-2024

Summary: We found fault with the Council in its failure to arrange alternative provision for the complainant’s son (Y), when reviewing his Education Health and Care Plan and when communicating with the complainant (Miss X). We also found fault in the way the Council dealt with Miss X’s complaint. The Council has accepted its fault and recognised the injustice it caused to Y and Miss X. The remedies offered by the Council were not enough. The Council agreed to apologise, to make symbolic payments and to send this decision to its Partnership and Assurance Board to review.

Devon County Council (24 007 573)

Statement Upheld Special educational needs 29-Oct-2024

Summary: We upheld Mr X’s complaint about delays in the Education, Health and Care process regarding his child, Y. The Council agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

Surrey County Council (24 008 918)

Statement Closed after initial enquiries Special educational needs 28-Oct-2024

Summary: We will not investigate this complaint about the Education, Health and Care Plan process for the complainant’s child. The complaint is late, it was reasonable for the complainant to use their appeal rights, and there is no worthwhile outcome we could now achieve.

Kent County Council (23 017 738)

Statement Upheld Special educational needs 28-Oct-2024

Summary: Mrs K complained the Council caused delays in the Education, Health, and Care plan process for her son (X) and failed to provide him with a full-time education when he was excluded from school. We found the Council at fault for failing to adhere to the statutory timescales and not providing enough alternative provision for X. It also caused significant delays in its complaints process and failed to respond to some requests from Mrs K. The Council will apologise and make payment to Mrs K to acknowledge the injustice she and X experienced as a result.

Surrey County Council (23 019 879)

Statement Upheld Special educational needs 28-Oct-2024

Summary: Mr X complained the Council failed to deliver his child’s Education, Health and Care Plan provision since February 2022. Mr X also complained the Council failed to complete the Education, Health and Care Plan reviews suitably. We found the Council provided most of the provision from the Education, Health and Care Plan. But, we found the Council failed to ensure some Occupational Therapy and Physiotherapy provision was provided. We found fault with the Council delaying for over 49 weeks outside the statutory timescales in producing an amended Education, Health and Care plan for Mr X’s child. This avoidable delay caused frustration and distress to Mr X, presented a barrier to Mr X appealing the Education, Health and Care Plan to the Tribunal and caused lost opportunity for Mr X’s child to have suitable up-to-date provision detailed in their Education, Health and Care Plan. The Council agreed to apologise to Mr X, pay him £500 for the injustice caused to him and £750 for the injustice caused to his child through its delays and £500 for the missed provision. The Council also agreed to provide guidance and training to staff about timescales for completing Education, Health and Care Plan reviews, issuing notification letters and about accurate record keeping. And, the Council agreed to ensure the full Occupational Therapy and Physiotherapy provisions are put in place for Mr X’s child.

Devon County Council (23 021 501)

Statement Upheld Special educational needs 28-Oct-2024

Summary: Ms X complains the Council failed to deliver on its promise of providing extra funding for her child’s education and it has failed to communicate with her effectively with regards to the matter. The Council is at fault and it has agreed to remedy the injustice caused to Ms X and to Y. The Council has also agreed to implement service improvements.

Kent County Council (24 007 619)

Statement Closed after initial enquiries Special educational needs 28-Oct-2024

Summary: We will not investigate this complaint about the education provided for the complainant’s son when Mrs X withdrew him from school. This is because Mrs X appealed the Council’s decision the school place was suitable. This places the complaint outside our jurisdiction.

Nottinghamshire County Council (24 008 308)

Statement Upheld Special educational needs 28-Oct-2024

Summary: We will not investigate Mrs X’s complaints about the Council's handling of her daughter’s special educational needs between 2019 and August 2023 because the complaints are late and I have seen no good reasons to exercise our discretion to investigate them. We will not investigate Mrs X’s concerns about the Council’s more recent actions because the Council has offered Mrs X £300 and we consider this a suitable remedy for Mrs X’s injustice.