Case Ref: 22 005 273 Category: Education Sub Category: Special educational needs

• Consider what went wrong in this case and what procedures the Council can put in place to ensure a child’s Statement of Special Education Need Section F provision is arranged in a timely way. The Council should report its findings back to the Ombudsman.
• Consider why it took so long to provide the stage two complaint response in this case and identify what steps the Council will take to improve complaint handling.

Case Ref: 22 004 357 Category: Education Sub Category: Special educational needs

• 3. After our investigation of other complaints we have made recommendations to the Council about improving its services and we ask that compliance with our decisions be monitored.• I also recommend that, within three months of the Ombudsman’s final decision, the Council should:• issue written reminders to relevant staff to ensure they are aware of what EHE entails and the consequences for the parents or carers;• tell us how it will ensure that future EHC Plan reviews are held on time and the action required following the review meeting is taken according to statutory timescales; and• confirm how it will ensure that timescales are met in responding to complaints.

Case Ref: 22 001 569 Category: Education Sub Category: Special educational needs

• The Council agreed to remind relevant staff to carry out due diligence with schools when it receives complaints that provision listed in Education, Health and Care Plans is not in place. It will also remind staff they should not refer complaints to the schools' complaints procedure when receiving these complaints.

Case Ref: 21 019 113 Category: Education Sub Category: Special educational needs

• Issue written reminders to staff to ensure they are aware of:The councils duy to decide on whether to keep, cease or amend the EHC plan within four weeks of the review meeting, and notify parents in writingThe Councils duties under section 19 of the Education Act 1996 to provide provision or suitable education for children of compulsory age who cannot attend school because of exclusion, medical reasons or otherwise.Ensure the Council retains oversight and responsibility for its duties to children unable to attend school.

Case Ref: 21 014 007 Category: Education Sub Category: Special educational needs

• The Council agreed to review how it monitors Education, Health and Care plan annual review meetings it asks schools to conduct on its behalf. It should ensure it takes appropriate action where annual review meetings have not been carried out in time for the Council to make its decision about the review within the legal timescales.

Case Ref: 21 012 612 Category: Education Sub Category: Special educational needs

• the Council has agreed to:establish a mechanism to ensure suitable alternative provision is promptly identified and put in place when a child or young person is unable to access the provision offered by the Council. The Council should consider including a quicker escalation process between ESMA and its SEND team. The Council should include clear guidance to staff on the process to follow and report back to the Ombudsman on the outcome of this service improvement
• the Council has agreed to:circulate a reminder to staff that the duty to arrange alternative provision lies with the Council and is non-delegable to schools or parents. This includes circumstances when a child or young person is unable to quickly transition back to attending school due to illness
• the Council has agreed to:circulate a reminder to staff that there should be clear records of how the Council has decided any alternative provision is suitable to the child’s age, ability, aptitude and any special educational needs they may have. This should include details of how the Council has decided whether educational provision the Council has offered is “available and accessible to the child”.

Case Ref: 21 009 268 Category: Education Sub Category: Special educational needs

• The Council will remind all relevant staff of the timescales set out within the SEN code of practice for when the Council should: Issue the annual review paperwork and its notification of its decision on whether it will amend the plan, cease the plan, or maintain the plan as is. Issue the final EHC plan.

Case Ref: 21 009 214 Category: Education Sub Category: Special educational needs

• establish a mechanism to identify any young people aged between 19 and 25 years old with EHC Plans that are without educational provision because the Council has yet to identify a placement for them that they can attend. This mechanism should provide guidance to staff on the prompt action they should take to seek to resolve any such cases (including putting in place the special educational provision in the young person’s EHC Plan while the Council identifies a suitable placement and this placement becomes available). The Council should report back on this, including how it intends to monitor this mechanism
• share this decision with relevant staff members.

Case Ref: 21 008 528 Category: Adult care services Sub Category: Safeguarding

• The Council will prepare an information sheet for those reporting safeguarding concerns to explain the safeguarding process and manage their expectations about likely timescales.
• The Council will remind relevant staff to keep those reporting safeguarding concerns updated and, where appropriate, explain the likely timescales.

Case Ref: 21 008 459 Category: Education Sub Category: Special educational needs

• The Council will provide training or guidance to its Special Educational Needs team to ensure they understand the Council’s duties under the Special Educational Needs and Disability Code of Practice and Education Act 1996, including timescales for completing reviews of Education Health and Care Plans, securing a school place and, ensuring a child receives full time education if they are out of school.
• The Council will establish monitoring or oversight of its Special Educational Needs team when handling Education Health and Care Plan reviews, school consultations and arranging alternative provision, so that required actions do not get overlooked.
• The Council will provide training or guidance to its complaints handling team on the Ombudsman’s Guidance on Remedies and Principles of Good Administrative Practice, to ensure they offer appropriate remedies when they uphold complaints.