Sheffield City Council (24 011 611)

Statement Upheld Special educational needs 20-May-2025

Summary: Mrs X complained the Council failed to ensure her child received all the provision in their Education, Health and Care Plan. The Council is at fault for failing to ensure Y received the occupational therapy provision in their plan between May 2023 and April 2025. The Council has agreed to apologise to Mrs X and make a payment to acknowledge her frustration and to acknowledge the impact on Y of the missed provision. It has also agreed to issue a reminder to staff to ensure it meets its duty to deliver the provision set out in Education, Health and Care Plans.

London Borough of Bromley (24 014 166)

Statement Upheld Special educational needs 20-May-2025

Summary: Ms X complained the Council delayed issuing her child’s final education, health and care (EHC) Plan. The Council was at fault for failing to finalise the EHC plan within statutory timescales and this delayed Ms X’s appeal rights. The Council has agreed to make a payment to Ms X in recognition of the delay and take action service improvement action.

Oxfordshire County Council (24 019 364)

Statement Upheld Special educational needs 20-May-2025

Summary: We upheld part of Ms X’s complaint regarding her child’s Education, Health and Care Plan and about the Council’s communication because the Council agreed to apologise and act to clarify its communication with her. We cannot investigate most of Ms X’s complaint because she appealed to a court and a tribunal. We will not investigate the remainder because the tests in our assessment code are not met.

London Borough of Richmond upon Thames (24 022 231)

Statement Closed after initial enquiries Special educational needs 20-May-2025

Summary: We will not investigate Mrs X’s complaint about an Education Health and Care Plan annual review. It is reasonable to expect her to appeal the outcome. And the faults she alleges are not significant enough or cause a significant enough injustice to warrant an investigation.

Milton Keynes Council (24 021 155)

Statement Upheld Special educational needs 20-May-2025

Summary: We will not investigate Mr X’s complaint about delays in producing an Education Health and Care Plan as the Council has agreed to a proportionate way to resolve the complaint.

Devon County Council (24 022 937)

Statement Upheld Special educational needs 20-May-2025

Summary: We upheld Mr X’s complaint about delays in the Education, Health and Care process regarding his child, Y. The Council has already apologised to Mr X for the distress and uncertainty caused. The Council recently agreed to make service improvements as part of another investigation.

Essex County Council (25 000 201)

Statement Upheld Special educational needs 20-May-2025

Summary: We will not investigate Ms X’s complaint about delays in the Education Health and Care Plan process. This is because the Council has agreed to apologise to Ms X and pay her £100 per month for the delay. We consider this an appropriate remedy and further investigation is therefore unlikely to achieve anything more.

Essex County Council (25 000 233)

Statement Upheld Special educational needs 20-May-2025

Summary: We will not investigate Miss X’s complaint about delays in the Education Health and Care Plan process. This is because the Council has agreed to apologise to Miss X and pay her £100 per month for the delay. We consider this an appropriate remedy and further investigation is therefore unlikely to achieve anything more.

Derbyshire County Council (24 008 737)

Statement Upheld Special educational needs 19-May-2025

Summary: We have found fault with the Council for delays during the annual review of Mrs X’s son’s (Y’s) Education, Health and Care Plan, failing to properly consider its section 19 duty and poor communication with Mrs X and Y’s school. The fault resulted in the delay of Mrs X’s appeal rights, caused Y to miss education and caused avoidable distress for the family. The Council has agreed to apologise and pay Mrs X a symbolic payment in recognition of the injustice caused.

Essex County Council (24 014 068)

Statement Upheld Special educational needs 19-May-2025

Summary: Mrs X complained that the Council has delayed in completing an Education, Health and Care Needs Assessment for her daughter, Y, within the statutory timeframes. Mrs X also says Y has missed out on education. Mrs X says this has caused both her and Y distress and frustration. We have found fault in the actions of the Council. We recommend the Councils writes to Mrs X to apologise, pays a financial remedy and completes Y’s Education, Health and Care Needs Assessment.