Derbyshire County Council (20 000 611)

Category : Education > Special educational needs

Decision : Upheld

Decision date : 22 Feb 2021

Summary: Ms X complained the Council delayed carrying out her son’s annual review, issuing his final amended Education, Health and Care (EHC) Plan and consulting with secondary schools.

Finding

The Ombudsman upheld the complaint and found fault causing injustice.

Recommendations

The Council has agreed to:

  • apologise to Ms X for the faults we have identified; and
  • pay Ms X on behalf of herself and Z, £1,000 to acknowledge the distress Z experienced when he was unable to transfer to secondary school at the same time as his peers for a whole school year and for the unnecessary frustration, distress and time and trouble Ms X experienced because of the Council’s faults.

Within six months of the date of this report the Council should review its processes to ensure it is carrying out annual reviews, issuing decision notices and finalising amended Education, Health and Care Plans in line with the statutory guidelines.

Ombudsman satisfied with Council's response: 19 July 2021.

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