Overview:

Key to names used

• Mrs X The complainant
• Y Her child

Summary

We upheld Mrs X’s complaint about a delay in transferring her child Y’s Education, Health and Care Plan when they moved into Shropshire. The delay meant Y did not receive the educational provision in his Education, Health and Care Plan between February and July 2025 which was an important year for him. Mrs X and Y are an armed forces family and the gap in Y’s education made the move and settling into the area more difficult and stressful. Communication was also not in line with our expected standards which caused Mrs X avoidable frustration.

Finding

Fault found causing injustice and recommendations made.

Recommendations

Within three months of the date of this report, we recommend the Council:

• apologise in writing to Mrs X and to Y for the fault and injustice caused. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The Council should consider this guidance in making the apology we have recommended;

• make a payment of £3,000 to Mrs X to reflect Y’s missed special educational provision between February and July 2025; and

• review its Armed Forces Covenant Action Plan and ensure it implements changes to Special Educational Needs and Disabilities (SEND) procedures so service children with SEND (with or without Education Health and Care Plans) do not have any gaps in their education when they move into Shropshire. The Council should provide us with a written report summarising its review and any changes to the Plan.

The Council must consider the report and confirm within three months the action it has taken or proposes to take. The Council should consider the report at its full Council, Cabinet or other appropriately delegated committee of elected members and we will require evidence of this. (Local Government Act 1974, section 31(2), as amended)

The Council has accepted these recommendations.

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