Tameside Metropolitan Borough Council (24 000 621)

Report Upheld Special educational needs 19-Feb-2025

Summary: Mrs A complained the Council failed to complete reviews of her children’s Education, Health and Care (EHC) Plans within the statutory timescales. Mrs A says this has resulted in her children not receiving up-to-date provision to meet their educational and social care needs. Mrs A also complained the Council failed to complete EHC Plan reviews in the statutory timescales for over a thousand other children.

Rochdale Metropolitan Borough Council (24 010 066)

Report Upheld Special educational needs 10-Feb-2025

Summary: The Council has delayed sending decisions following annual reviews of children and young people’s Education, Health and Care (EHC) Plans. The Council has also delayed carrying out amendments to EHC Plans following annual reviews. This has meant many children and young people are having to wait too long to receive a decision about whether the Council will amend their EHC Plan. For those children and young people where the Council decided to amend the Plan, many of them had to wait too long to receive an updated EHC Plan.

Stockport Metropolitan Borough Council (24 003 984)

Statement Upheld Special educational needs 04-Feb-2025

Summary: Ms X complained that the Council failed to issue a final amended Education, Health and Care (EHC) Plan after her daughter’s emergency review, and it failed to provide education in accordance with her EHC Plan. We find some fault, causing a loss of special educational provision and avoidable distress. The Council has accepted our recommended ways to remedy this by making a symbolic payment for loss of education, an apology and service improvements. Therefore, we are closing the complaint.

Kent County Council (24 004 142)

Statement Upheld Special educational needs 04-Feb-2025

Summary: Mrs X complained the Council failed to provide a suitable education for her daughter Z. Based on the information we have seen, there was fault in how the Council failed to consider whether it needed to arrange alternative education for Z when she stopped attending school. This caused Z to miss out on education and caused Mrs X avoidable distress. The Council should apologise, pay Mrs X a financial remedy and remind it staff of the Council’s legal duties.

Dudley Metropolitan Borough Council (24 004 666)

Statement Upheld Special educational needs 04-Feb-2025

Summary: There was fault by the Council. There were delays in issuing final Education, Health and Care Plans after an annual review and a reassessment. This meant the complainant’s ability to appeal to the SEND tribunal was delayed. There was also service failure as the Council asked the school to organise tuition but did not monitor whether the tuition was suitable or provide tuition once the child had left school. There was also delay in providing online provision after a new Education, Health and Care Plan was issued. A symbolic payment and service improvements remedy the injustice caused from the loss of education which meant a child did not sit their exams.

Lancashire County Council (24 004 971)

Statement Upheld Special educational needs 04-Feb-2025

Summary: There was 13 months delay by the Council in amending an Education, Health and Care plan after an annual review. This was fault. Apologising and making a symbolic payment remedies the injustice of distress and uncertainty.

Kent County Council (23 018 200)

Statement Upheld Special educational needs 04-Feb-2025

Summary: Mrs X complained the Council did not complete her child, Y’s November 2022 annual review and delayed issuing Y’s amended Education, Health and Care (EHC) Plan following delays after a later annual review and reassessment. The Council was at fault for not completing Y’s November 2022 annual review, and delays with Y’s subsequent annual review, reassessment and delay in issuing Y’s final amended EHC Plan. The Council will apologise to Mrs X for the distress, frustration, uncertainty and time and trouble caused by the delays and pay her a symbolic payment. The Council has already agreed to act to improve its services.

Devon County Council (24 010 206)

Statement Closed after initial enquiries Special educational needs 04-Feb-2025

Summary: We will not investigate Ms X’s complaint the Council has failed to comply with the Special Educational Needs and Disability Tribunal’s non-binding recommendation in relation to her son’s social care needs and social care provision. This is because there is insufficient evidence of fault.

North Northamptonshire Council (24 014 934)

Statement Upheld Special educational needs 04-Feb-2025

Summary: The Council failed to adhere to the timescales agreed with the Ombudsman over completing a service improvement recommendation from a previous case; this was fault. The Council agreed to complete a review of why these delays occurred and to advise what it intends to do to prevent a reoccurrence.

Cornwall Council (24 012 941)

Statement Upheld Special educational needs 04-Feb-2025

Summary: We upheld Mrs X’s complaint about delays in the Education, Health and Care process regarding her child, Y, and about the Council’s poor communication. The Council agreed to resolve the complaint early by apologising and paying Mrs X a total symbolic payment of £900 to acknowledge the injustice caused.