Case Ref: 22 018 140 Category: Education Sub Category: Alternative provision

• The Council agreed to review its policies and procedures for making decisions about alternative educational provision under section 19 of the Education Act. It should ensure its procedures follow the appropriate law and statutory guidance, that it seeks relevant information on which to base its decisions and that it has a suitable process for monitoring the quality of decisions made under these duties; and arrange appropriate training for education and Special Educational Needs staff on the Council’s updated policy and procedures. This training should include the Ombudsman’s Out of Sight focus report and the findings of this investigation.
• The Council agreed to review its arrangements for managing complaints about its Special Educational Needs service. This should include a plan for how the Council will ensure the service is appropriately staffed to allow the Council to respond to complaints in line with its published complaint’s procedure.

Case Ref: 22 015 918 Category: Education Sub Category: Special educational needs

• The Council should: a) Provide us with its plan to improve compliance with the EHC plan timescales; andb) Advise the outcome of the review of its processes regarding 'Education other than at school ' payment when the EHCP and provision are unchanged

Case Ref: 22 013 387 Category: Education Sub Category: Special educational needs

• The Council will share the Ombudsman’s guidance “Out of school, out of sight” with those officers dealing with Special Educational Needs cases. This will help to ensure officers are clear on the Council’s duties to organise alternative education provision under Section 19 of the Education Act 1996 and to review the education of those on a part-time timetable.
• The Council will remind officers dealing with Education, Health and Care Plan paperwork of the need for accuracy when sending out decision letters. This will help to ensure parents and carers are clear on where they stand and what options are open to them after any decisions have been made.
• The Council will remind relevant Special Educational Needs team officers of the need to communicate in a timely manner. This will help to ensure that parents and carers are adequately aware of progress being made on their cases.
• The Council will remind officers dealing with Special Educational Needs complaints of the need to handle these in line with the Council’s published policy and timescales. The Council will also share the Ombudsman’s guidance on effective complaint handling for local authorities with the officers. This will help to ensure that complaints are dealt with in a timely and effective manner.
• The Council will make it clear to officers dealing with complaints about delivery of educational provision set out in Section F of an Education, Health and Care Plan, that these can be considered under the Council’s complaints procedure. This will help to ensure clarity for those complaining. It will also help to ensure they are not given the incorrect information on how to complain about this.

Case Ref: 22 007 716 Category: Adult care services Sub Category: Other

• The Council has agreed to remind all staff that deal with mental capacity assessments and best interests decision making, that the Mental Capacity Act clearly sets out which people should be consulted in capacity assessments on the person’s behalf and that working for a care organisation in a paid capacity does not automatically prohibit a carer from being consulted due to ‘conflict of interest’.
• The Council has agreed to remind its complaint handling staff that it is important to inform the complainant in the Council’s complaint responses of any right they have to escalate that complaint.
• The Council has agreed to review its systems and put in place measures to prevent complaints being moved into spam folders, or to have these folders checked more routinely for complaints sent there in error.

Case Ref: 22 007 045 Category: Education Sub Category: Special educational needs

• Issue a briefing to ensure staff are aware of the Councils statutory obligation and those of the school as detailed in the Education Act 1996 to ensure a child receives a suitable education if they are unable to attend school.
• Remind all relevant staff of the need to ensure all complaints complete the complaint process fully and requests for escalation to the next stage of the process are actioned without delay.
• Review its procedures and provide guidance to its staff to ensure decisions made to maintain, amend or cease EHCP’s following reviews are issued within the statutory timescales.
• Review its policies and procedures to ensure the Council retains oversight and responsibility for its duties to children unable to attend school.

Case Ref: 22 003 230 Category: Education Sub Category: Special educational needs

• The Council will reviewits Annual Review processes to ensure: a) sending a notification of the Council’s position within four weeksfrom the Annual Review meeting, and b) sending the final amended EHCP not later than eight weeks from thedate of sending the child’s parents/young person proposed amendments are part of the process and all front-line staff are aware of this.
• The Council will provide its SEN case officers and managers with the training on SEN Personal Budget. The Council should provide us with evidence it has complied with the above actions.

Case Ref: 21 011 617 Category: Education Sub Category: Special educational needs

• The Council will provide evidence of regular monitoring of its EHCP timescales - within the next four weeks
• The Council will remind relevant staff of the importance of issuing EHC plans within the timescales set out in the SEN code of practice - within the next four weeks

Case Ref: 21 010 249 Category: Environment and regulation Sub Category: Noise

• The Council will ensure all its senior officers handling Environmental Health complaints are trained or re-trained in the complaint handling. This should be achieved within four weeks of the final decision by providing them with the Council's complaints policy and the Ombudsman's 'Effective Complaint Handling for local authorities' guide.

Case Ref: 21 003 422 Category: Planning Sub Category: Planning applications

• The Council advised a planning applicant to amend the plans for a planning application using s.73 of the Town and Country Planning Act. 1990 This was not the correct procedure. A new planning application should have been made. The Council has agreed to ensure that all planning officers are aware of limitations to the use of s.73 and to write to the Ombudsman.

Case Ref: 20 011 753 Category: Education Sub Category: Special educational needs

• Training for staff to understand early reviews must follow a statutory process and use of terminology.