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.

Case Ref: 23 018 857 Category: Adult care services Sub Category: Transport

• The Council will review its assessment procedures to ensure all Blue Badge applications involving a hidden disability are assessed using the relevant assessment tool at both the initial application and review stages of the process.

Case Ref: 23 017 650 Category: Education Sub Category: Alternative provision

• The Council will carry out a review of this case and draw up an action plan to address any learning points. The Council should then provide evidence to the Ombudsman of the action it has taken to address the issues that have arisen in this case.

Case Ref: 23 015 248 Category: Education Sub Category: Special educational needs

• The Council has agreed to provide an update on the steps it has taken to improve the way it:deals with Annual Reviews and issuing amended EHC Plans;provides alternative education for children out of school due to anxiety;makes and communicates decisions around Personal Budgets; anddeals with complaints within a reasonable period of time and provides quality responses with a remedy where appropriate.

Case Ref: 23 014 736 Category: Education Sub Category: Alternative provision

• The Council will remind relevant officers and managers of its statutory duties to provide alternative education provision under Section 19 of the Education Act 1996. This will help to ensure that those who are due alternative education provision receive an appropriate level of education in a timely manner.
• The Council will consider reviewing its policies and procedures related to its statutory duties to provide alternative education provision under Section 19 of the Education Act 1996. This will help to ensure the Council understands and retains oversight and control of its statutory duties and the process as a whole.
• The Council will share the Ombudsman's focus report 'Out of school, Out of Sight with relevant officers and managers. This will help to ensure officers are clear on their statutory duties to organise alternative education provision under Section 19 of the Education Act 1996.
• The Council will remind relevant officers and managers of its statutory duties under Section 42 of the Children and Families Act 2014 which say it must deliver specialist provision set out in an Education, Health and Care Plan. This will help to ensure officers are clear on the Council's duties to organise specialist education set out in any such plans.
• The Council will consider reviewing its policies and procedures linked to its statutory duties under Section 42 of the Children and Families Act 2014. This will help to ensure it retains oversight and control of its duty to deliver specialist education set out in any Education, Health and Care Plans.