Surrey County Council (24 000 260)

Statement Upheld Special educational needs 11-Jun-2024

Summary: We will not investigate this complaint about delays in the Education Health and Care plan process. This is because the Council has agreed to an appropriate remedy for the injustice caused by the delay.

Stockport Metropolitan Borough Council (23 012 877)

Statement Upheld Special educational needs 11-Jun-2024

Summary: There was no fault in the way the Council discharged its duty to secure educational provision for a child who had been excluded from school. The Council was at fault for a delay in issuing an amended education, health and care plan for him, but this did not cause any injustice beyond some frustration for the complainant, for which the Council has already apologised. The Council was also at fault because it failed to recognise it had issued an earlier version of the education, health and care plan, but we cannot investigate the consequences of this because it is outside our jurisdiction. We have therefore completed our investigation.

London Borough of Bromley (23 014 748)

Statement Upheld Special educational needs 11-Jun-2024

Summary: Ms H complained about the Council’s handling of the Education, Health, and Care plan process for her daughter (X). She said this caused her distress and a delay in X receiving the support she needed. We found the Council at fault for failing to adhere to the statutory timescales and it communicated with Ms H poorly as no caseworker was allocated. The Council will apologise and make payment to Ms H to acknowledge the injustice this caused her and X.

Essex County Council (23 017 735)

Statement Closed after initial enquiries Special educational needs 11-Jun-2024

Summary: We cannot investigate Mrs X’s complaint about the Council’s failure to provide her son Y with a school placement, to arrange full-time education and to deliver special educational provision included in Y’s Education Health and Care Plan. Mrs X appealed to the SEND Tribunal. Some of the issues complained about are part of her appeal and others are closely linked to the appeal.

Bury Metropolitan Borough Council (24 000 541)

Statement Closed after initial enquiries Special educational needs 10-Jun-2024

Summary: We will not investigate this complaint about how the Council carried out an annual review of a child’s Education Health and Care plan. This is because we could not add to the investigation carried out by the Council and because the complainant has used, or could have used, their right of appeal to the SEND Tribunal.

West Sussex County Council (24 000 989)

Statement Upheld Special educational needs 10-Jun-2024

Summary: We will not investigate this complaint about delays in the Education Health and Care plan process. This is because the Council has agreed to an appropriate remedy for the injustice caused by the delay.

Wokingham Borough Council (23 009 556)

Statement Upheld Special educational needs 10-Jun-2024

Summary: Ms X complains the Council delayed in securing a suitable educational placement for her son, Y, who has an Education, Health and Care (EHC) Plan and it failed to advise her she could appeal the placement named in Y’s EHC Plan. The Council is at fault for not meeting the statutory timescales when arranging annual reviews for Y and finalising his EHC Plans, it delayed in consulting with suitable settings after his placement broke down, it failed to provide Y with the provision in his EHC Plan when he was unable to attend school and it failed to communicate with Miss X effectively. The Council has agreed to our recommendations to remedy the injustice caused by these faults and it has also agreed to make service improvements.

London Borough of Bromley (23 014 466)

Statement Upheld Special educational needs 10-Jun-2024

Summary: Mrs F complained that the Council delayed issuing her son’s EHC plan, causing him to miss out on provision and causing her significant distress. We found fault. The Council has agreed to apologise and make a payment to remedy the injustice.

Hertfordshire County Council (23 015 626)

Statement Upheld Special educational needs 10-Jun-2024

Summary: Miss X complained about the Council’s delay in reviewing her child’s Education Health and Care plan and its withdrawal of support during the school year 2022 to 2023. Miss X said the lack of support severely affected her child’s education and wellbeing and so she wanted it reinstated. We found there was avoidable delay by the Council. As the Council had completed the review, it agreed to make a symbolic payment to Miss X of £600 in recognition of the distress, time and trouble she was caused by its delay.

Blackburn with Darwen Council (23 016 769)

Statement Upheld Special educational needs 10-Jun-2024

Summary: Mrs X complained the Council failed to provide a suitable education or follow proper process to review her son’s Education Health and Care Plan after they moved to the Council’s area. The Council offered suitable interim educational provision for Y pending a reassessment of his EHC Plan. However, the Council’s failure to complete the reassessment of Y’s needs and issue a final EHC Plan is fault. This fault has caused Mrs X and Y an injustice.