Case Ref: 24 004 142 Category: Education Sub Category: Special educational needs

• The Council agreed to produce and circulate a briefing to its special educational needs and education staff, and relevant elected members, of the Council’s duties to arrange alternative education under section 19 of the Education Act 1996. This should include, but not be limited to, the Council’s legal responsibilities, its expectations for staff when concerns are raised that a child or young person is not accessing the education otherwise available to them and Ombudsman’s 'Out of school, out of sight' focus report.

Case Ref: 24 003 150 Category: Children's care services Sub Category: Child protection

• Remind relevant staff via training, or a briefing paper, of the statutory guidance Getting the best from Complaints as well as drawing their attention to the Ombudsman's practitioner's guidance.

Case Ref: 24 001 526 Category: Education Sub Category: Special educational needs

• The Council agree to remind staff in its special educational needs team about the importance of:complying with the statutory timescales following a review of an EHC plan;promptly taking action to secure the provision in EHC plans when it knows this is no longer being provided; andproperly considering and recording their decisions about whether the Council needs to make alternative education provision for children who are not attending school.

Case Ref: 24 001 423 Category: Education Sub Category: Special educational needs

• The Council should produce and circulate a briefing note to relevant staff to remind them that it is not possible to make changes to the provision of a child who has an Education Health and Care Plan without issuing a revised plan and an amendment notice to enable the child or young person’s parents to comment. This is in line with the process for amending a plan set out in the SEN Code paragraphs 9.193 to 9.198.

Case Ref: 24 001 417 Category: Education Sub Category: Alternative provision

• The Council agreed remind staff of the existence of the Council’s policy on managing unacceptable behaviour from members of the public and the importance of following that policy when imposing contact restrictions.

Case Ref: 23 021 398 Category: Education Sub Category: Special educational needs

• The Council agreed to share a copy of our final decision with staff in its Children’s Complaints Team. It will remind them that where a complainant has appealed about an Education, Health, and Care Plan to the First-tier Tribunal (Special Educational Needs and Disability), this does not prevent the Council from considering how it should remedy injustice caused by delays before the appealable decision.

Case Ref: 23 021 125 Category: Adult care services Sub Category: Assessment and care plan

• The Council will issue written reminders to relevant staff to ensure they are aware they must progress a service user’s request for an assisted living placement without undue delay.

Case Ref: 23 020 046 Category: Education Sub Category: Special educational needs

• As a result of this investigation, the Council agreed that it would provide advice to caseworkers in its special educational needs service of the approach to take if it changed its mind about undertaking an education, health and care needs assessment in the absence of an appeal. It would advise caseworkers to treat such cases as if it were conceding an appeal and complete the assessments within 14 weeks.
• In addition, the Council agreed to also brief its special educational needs caseworkers on the approach to take when it proposes amending an Education, Health and Care Plan. It will, in future, follow Government guidance and ensure parents or young people are formally consulted on any proposed amendment, even ones it considers minor.

Case Ref: 23 019 445 Category: Education Sub Category: Special educational needs

• The Council has agreed to remind relevant staff that they must arrange mediation, if requested, as an informal way to resolve disputes about decisions that can be appealed to the SEND Tribunal.
• The Council has agreed to remind relevant staff that they must complete reviews and amend EHC Plans by 15 February in the calendar year in which the child is due to transfer into or between school phases.
• The Council has agreed to provide details of the action it has taken or is taking to prevent delays in assessing and issuing EHC Plans.
• The Council has agreed to provide guidance to its complaint handling staff about the special educational needs complaints it can investigate when an appeal is ongoing, such as complaints about delays and complaints about mediation.
• The Council has agreed to review its procedures to ensure it is able to respond to complaints within the timescales set out in its policy.

Case Ref: 23 019 374 Category: Education Sub Category: School transport

• The Council will remind staff about the importance of providing clear information to school transport appeal panels about the availability of spaces in schools, especially when the Council is refusing transport on the basis there is a closer school with availability. If there is conflicting information (i.e. between the parent and the Council) the Council should obtain up to date information directly from the school.