Derbyshire County Council (23 011 667)

Statement Upheld Special educational needs 02-Apr-2024

Summary: Ms X complains about the Council’s delay in carrying out an Education Health and Care Needs Assessment on her child Y who was receiving a part time education causing distress, uncertainty, and loss of education. The Council has accepted it was at fault and we have found there was service failure by the Council due to the delay in carrying out the needs assessment. The Council has already apologised to Ms X for the delay. It has offered her a payment for her time and trouble and distress caused. It has also offered a payment for the loss of education to Y during a term in 2022. We consider the Council’s offer is a suitable remedy in this case and so have completed our investigation.

Derbyshire County Council (23 017 300)

Statement Upheld Special educational needs 08-Apr-2024

Summary: We will not investigate Miss X’s complaint about delays in producing an Education Health and Care Plan.

Derbyshire County Council (23 012 235)

Statement Upheld Special educational needs 15-Apr-2024

Summary: Mrs X complained the Council has delayed in carrying out an Education, Health, and Care (EHC) needs assessment and in issuing a EHC Plan for her daughter. The delay in completing Y’s EHC needs assessment and in issuing a final EHC Plan is fault. This fault has caused Mrs X an injustice.

Derbyshire County Council (23 013 769)

Statement Upheld Special educational needs 16-Apr-2024

Summary: Ms X complained the Council failed to follow statutory timescales during the Education, Health and Care (EHC) needs assessment for her daughter (D) and failed to provide alternative education. The Council is at fault for delay in assessing D and drafting a plan. As Ms X has appealed the final plan to the Tribunal, the Ombudsman cannot consider anything linked to the appeal.

Derbyshire County Council (23 015 326)

Statement Upheld Special educational needs 23-Apr-2024

Summary: Miss X complained about the delays she encountered during her daughter’s Education, Health and Care needs assessment. We have found fault with the Council for the delays which then delayed Miss X’s right of appeal.

Derbyshire County Council (23 010 350)

Statement Upheld Special educational needs 01-May-2024

Summary: Mrs Y complains about delays in the process leading up to the Council’s issuing of an Education, Health and Care Plan for her son, D. We find the Council failed to meet the statutory timescales and there was significant delay. The Council also failed to maintain appropriate contact with Mrs Y and delayed when responding to her complaint. The delay meant D missed some SEN provision throughout 2023. In our view, the agreed actions listed at the end of this statement will remedy the injustice caused by fault.

Derbyshire County Council (23 020 422)

Statement Upheld Special educational needs 07-May-2024

Summary: We will not investigate Mr X’s complaint about the Council’s handling of his child’s special educational needs. He complains the Council failed to consider and acknowledge its unlawful decision to cease to maintain an EHC plan, failed to provide educational provision following his appeal, and failed to communicate with him appropriately. This is because an investigation would not lead to any different findings or outcomes.

Derbyshire County Council (23 020 854)

Statement Upheld Charging 07-May-2024

Summary: We will not investigate Ms C’s complaint about the Council’s failure to assess Mr B’s finances and discuss his funding status with him or her, his daughter. This is because the Council has acknowledged the delay in completing Mr B’s financial assessment and cancelled the charges. We are satisfied this remedies the injustice caused by fault.

Derbyshire County Council (23 021 041)

Statement Upheld Safeguarding 09-May-2024

Summary: We will not investigate this complaint about adult social care. This is because the Ombudsman is unlikely to add to the Council’s safeguarding and complaint investigations, which have achieved service improvements and an apology to the complainant. So, an Ombudsman investigation is unlikely to lead to a different outcome.

Derbyshire County Council (23 020 960)

Statement Upheld Special educational needs 09-May-2024

Summary: We will not investigate Mr X’s complaint about the Council’s failure to put in place the provision required under his son’s Education Health and Care Plan between March 2023 and January 2024. This is because the Council has offered Mr X a suitable financial remedy for the impact its failures had on him and his son.