Devon County Council (23 009 856)

Statement Upheld Special educational needs 01-Apr-2024

Summary: Ms X complained the Council delayed issuing her son, F’s Education, Health and Care (EHC) Plan and failed to ensure he received a suitable full-time education between 2021 and 2023 when he spent periods of time on a part time timetable. The Council was at fault. It failed to decide whether to issue F with an EHC Plan within the statutory timescale, caused by a delay in obtaining Educational Psychologist advice. It then further delayed issuing F’s final Plan. It also failed to maintain proper oversight of F’s time spent on a part time timetable between January and July 2023. The Council agreed to make payments to Ms X to recognise the injustice caused and carry out a service improvement.

Devon County Council (23 012 303)

Statement Upheld Special educational needs 02-Apr-2024

Summary: Ms X complained the Council delayed completing her son, F’s Education, Health and Care (EHC) needs assessment in line with statutory timescales. The Council was at fault. It failed to decide whether to issue F with an EHC Plan within the statutory timescale, caused by a delay in obtaining Educational Psychologist advice. This caused a further delay in the Council issuing F’s final EHC Plan and delayed Ms X’s right of appeal to the SEND tribunal. The Council agreed to make a payment to Ms X to acknowledge the distress, frustration and uncertainty caused to her.

Devon County Council (23 012 914)

Statement Upheld Special educational needs 10-Apr-2024

Summary: Mrs X complained the Council delayed completing her child, F’s Education, Health and Care (EHC) needs assessment in line with statutory timescales. The Council was at fault. It failed to decide whether to issue F with an EHC Plan within the statutory timescale, caused by a delay in obtaining Educational Psychologist advice. This caused a further delay in the Council issuing F’s final EHC Plan and delayed Mrs X’s right of appeal to the SEND tribunal. The Council agreed to make payments to Mrs X to acknowledge the distress, frustration and uncertainty caused to her.

Devon County Council (23 004 403)

Statement Upheld Child protection 16-Apr-2024

Summary: We will not investigate this complaint about the Council’s Children’s Services. Further investigation would not lead to a different outcome.

Devon County Council (23 012 482)

Statement Upheld Assessment and care plan 08-May-2024

Summary: Devon County Council and another council failed to follow the continuity of care process when K moved to Devon. As a result, there was an interruption to K’s care and support and her parents, Mr and Mrs B, incurred avoidable costs paying for K to receive some support. The councils have agreed to make payments to K and Mrs B. They have also agreed to make service improvements.

Devon County Council (23 013 315)

Statement Upheld Special educational needs 12-May-2024

Summary: Miss X complained about significant delays in the education, health and care plan process. She said the Council failed to adhere to statutory timescales and said the Council’s communication has been poor. We find the Council was at fault. This caused significant distress to Miss X. To address this injustice caused by fault the Council has agreed to make several recommendations.

Devon County Council (23 013 461)

Statement Upheld Special educational needs 02-Jun-2024

Summary: We found fault with the Council in not delivering some special educational provision included in the complainant’s daughter’s (Y) Education Health and Care Plan and in not responding to the complainant’s (Mrs X) Personal Budget request. This fault caused injustice to Y and Mrs X. The Council has agreed to apologise, make symbolic payments to recognise the impact of the missed provision on Y’s education and to recognise Y’s and Mrs X’s distress. The Council has also agreed to share this decision with its Special Educational Needs and Disabilities Improvement Partnership Board.

Devon County Council (23 018 122)

Statement Upheld Alternative provision 10-Jun-2024

Summary: On the evidence available, there was fault by the Council. The Council did not put in the place the alternative educational provision that it agreed to do. A payment, in addition to the apology already given, remedies the injustice caused to the family.

Devon County Council (23 009 448)

Statement Upheld Disabled children 11-Jun-2024

Summary: Miss X complained the Council did not properly consider her requests for an assessment from its disabled children’s service for both her children. The Council did not properly assess Miss X’s daughter, delayed in its assessments for both children, and did not properly investigate Miss X’s concerns about racist language during an assessment. This caused delays in Miss X’s son receiving short breaks, and uncertainty about whether her daughter was correctly assessed as not being eligible for short breaks. It also caused the family avoidable distress and time and trouble. The Council agreed to apologise, carry out an independent assessment for Miss X’s daughter, and pay a financial remedy. It will also issue reminders to its staff.

Devon County Council (23 013 827)

Statement Upheld Special educational needs 25-Jun-2024

Summary: Mrs X complained the Council failed to ensure her son, F received a suitable education or the specialist provision set out in his Education, Health and Care (EHC) Plan since it was issued in March 2023. The Council failed to have sufficient oversight of F’s placement at an alternative provision between March 2023 and January 2024. It also delayed issuing an amended EHC Plan following an annual review. The Council agreed to pay Mrs X £900 to acknowledge the distress and uncertainty this caused.