Case Ref: 23 017 153 Category: Education Sub Category: Special educational needs

• The Council agreed that further to this complaint it would circulate advice to officers in its Education Support for Medical Absence (ESMA) service. This would advise them of the need to record the reason why the service has ended its involvement with a pupil. It would also remind them that any decision to end its involvement must take account of the Council's duties under Section 19 or Section 42 of the Education Act 1996.

Case Ref: 23 013 721 Category: Children's care services Sub Category: Disabled children

• The Council agreed to review the records of users of its services, for whom it contracted a Care Provider to meet their needs. This was to ensure the Care Provider was responding appropriately to service requests or complaints it received and meeting the Council's expectations. In particular to ensure it signposted those complaining through the complaint procedure. This was after investigation found inconsistent practice by the Care Provider in this case.
• The Council also agreed to issue a reminder to relevant staff of its expectations if contacted by users of services who faced an unexpected shortfall in care (in this case after the Care Provider withdrew its service). In particular what they should do if faced with a request to make direct payments or use short break money to meet care needs. The Council needed to ensure it kept a clear audit trail of such requests and how it considered and then responded to them.

Case Ref: 23 012 750 Category: Education Sub Category: Special educational needs

• The Council will provide evidence to the Ombudsman of the Council’s plans to improve the timeliness of annual reviews of EHC plans following the Ofsted review
• The Council will provide guidance to officers dealing with requests for a child to be educated out of cohort so they know the process to follow where the child has already begun education.

Case Ref: 23 012 418 Category: Education Sub Category: Special educational needs

• Provide an action plan showing how it will maintain oversight of EHC Plans.

Case Ref: 23 011 456 Category: Education Sub Category: Special educational needs

• Remind staff to adhere to the statutory timeframes regarding the issuance of an Education, Health and Care Plan.
• Remind staff of the Council’s duty to secure the provision as set out in an Education, Health and Care Plan.
• Remind staff to adhere to the Council’s complaints procedure regarding response times.
• Carry out a review of the Council’s processes to identify ways in which it can improve communication between the Access and Inclusion team and the Special Educational Needs and Disabilities team, with a view to ensuring the Council fully considers and meets its section 19 duties.

Case Ref: 23 010 879 Category: Education Sub Category: Special educational needs

• The Council will review its annual review process of Education, Health and Care (EHC) Plans and take any necessary steps to ensure that they are conducted in accordance with the SEND Code of Practice.

Case Ref: 23 007 027 Category: Education Sub Category: Special educational needs

• The Council will share this decision with the staff of its Special Educational Needs and Disabilities team to remind them of the statutory Education Health and Care Plan timescales and ensure compliance. The Council will provide the evidence this has happened.

Case Ref: 23 009 842 Category: Education Sub Category: Special educational needs

• Share this decision with staff and remind them that the Council has a duty to:a) follow the Code when it amends an EHC Plan without a review; andb) retain an oversight of the education of children not in school to ensure that it meets its legal duties.

Case Ref: 23 009 810 Category: Education Sub Category: Special educational needs

• The Council agreed that it would write to us setting out what further measures it is taking, or proposes to take, to continue to reduce delays in reviews of EHC plans as this was the fifth time in two years we had found fault in this area. It agreed those measures would be specific and contain clear targets in terms of what will be delivered and by when.
• The Council agreed to provide a briefing to caseworkers in its special educational needs service on our expectations when securing advice to inform the content of an EHC Plan (for example, from speech and language specialist services or similar). The briefing would make clear that when making a check if a child is known to a service, this is not the same as seeking ‘advice and information’ about their needs and it must distinguish this in its communications. Where it has decided to seek such advice and information it must secure that within six weeks.

Case Ref: 23 009 725 Category: Education Sub Category: Special educational needs

• The Council has agreed to remind complaint handling staff that where fault has been identified, the Council should consider whether the fault has caused injustice and refer to the Ombudsman’s guidance on remedies when considering any remedies.