Hampshire County Council (24 021 857)

Statement Upheld Special educational needs 16-Dec-2025

Summary: There was fault by the Council because it unnecessarily delayed making arrangements for alternative provision for a child not attending school. This caused frustration, for which the Council has agreed to offer a financial remedy.

Surrey County Council (24 023 133)

Statement Upheld Special educational needs 16-Dec-2025

Summary: There was fault by the Council. The Council delayed issuing an EHC Plan after an annual review, an injustice which the Council remedied by a symbolic payment before the complaint came to the Ombudsman. The Council also failed ensure a child had transport to an alternative provision which was intended to be made by the provider. The Council failed to consider whether a child could manage more than the part time alternative educational provision made for three terms. A symbolic payment and reimbursing mileage costs remedies the injustice caused to the family.

Lancashire County Council (25 003 408)

Statement Upheld Special educational needs 16-Dec-2025

Summary: The Council was at fault for failing to provide Miss X’s child, Y with all the special educational provision they were entitled to in their Education Health and Care (EHC) Plan. It was also at fault for failing to keep under review the alternative educational provision provided to Y when they were unable to attend school. Poor communication also added to Miss X’s frustration. The Council has agreed to apologise and make a payment to acknowledge the missed education, delayed appeal rights, distress and frustration caused.

Hertfordshire County Council (25 004 337)

Statement Upheld Special educational needs 16-Dec-2025

Summary: Mrs X complained the Council failed to provide suitable alternative provision when her child was out of school and failed to issue her child’s final amended Education, Health and Care Plan within the statutory timescales. We find the Council at fault for not arranging alternative provision and for failing to issue a final amended Plan. The Council has agreed to apologise, make a symbolic payment to Mrs X, issue the final amended Plan, and provide an update on the actions it is taking to improve its annual review processes.

London Borough of Barking & Dagenham (25 005 370)

Statement Upheld Special educational needs 16-Dec-2025

Summary: We will not investigate this complaint about the Council’s actions while Miss X’s child was out of school, including delays in finalising their Education, Health, and Care Plan. The Council has upheld Miss X’s complaint and proposed a suitable financial remedy for Miss X’s injustice. There are no wider public interest issues to justify investigating.

Suffolk County Council (25 009 953)

Statement Closed after initial enquiries Special educational needs 16-Dec-2025

Summary: We will not investigate this complaint the Council failed to transfer an Education Health and Care Plan to a different Local Authority. There is not enough evidence of fault to justify our involvement.

West Berkshire Council (25 010 134)

Statement Upheld Special educational needs 16-Dec-2025

Summary: We will not investigate this complaint about the support the Council provided to Ms X’s child, as a Child in Need, after an assessment. This is because the Council has agreed to complete a stage two investigation in line with the three stage children act procedures and this is an appropriate response.

Sandwell Metropolitan Borough Council (25 012 200)

Statement Upheld Special educational needs 16-Dec-2025

Summary: The Ombudsman carried out an investigation about not completing Education, Health and Care (EHC) Plan annual reviews for children in its area. We asked the Council questions about the widespread impact of this action. The Council was at fault. It delayed carrying out a significant number of EHC Plan annual reviews for children in its area in 2024 and 2025. The action proposed by the Council to address the issue is a suitable remedy.

Wokingham Borough Council (23 016 994)

Statement Upheld Special educational needs 15-Dec-2025

Summary: There was a two-and-a half month delay issuing Y’s final Education, Health and Care Plan, causing a delay in appeal rights. There was delay arranging alternative educational provision for her from April 2023. This caused a loss of alternative educational provision between April and September 2023. There was also a failure to consider Ms X’s request for tuition in January 2023 which caused avoidable uncertainty. The Council will make payments and apologise. It will also finalise and implement its policy about the duty in section 19 of the Education Act 1996.

East Sussex County Council (25 000 728)

Statement Upheld Special educational needs 15-Dec-2025

Summary: Ms X complained the Council failed to deliver the content of her child’s Education Health and Care Plan; delayed reviewing this plan and failed to provide alternative education provision when her child was too unwell to attend school from September 2023. There was delay in completing two annual reviews and the Council accepts it did not do enough to ensure Ms X’s child was receiving suitable education. A financial remedy to acknowledge the loss of education and distress is agreed.