London Borough of Waltham Forest (24 002 861)

Category: Education Date: 26-Nov-2024

Summary

Ms X complained the Council delayed completing her child’s phased transfer annual review process. As a result, Ms X’s appeal rights were delayed and she could not challenge her child’s secondary school placement until several months after she should have been able to. We found the Council at fault for delaying consulting with schools and producing a final Education, Health and Care Plan for the child’s phased transfer to secondary school. We also found the Council at fault for not issuing an amended Education, Health and Care Plan after an annual review in 2023. To remedy the injustice caused the Council agreed to apologise to Ms X, make a payment to her to recognise the avoidable distress and uncertainty and carry out a service improvement.

Service improvements

London Borough of Waltham Forest (23 005 698)

Category: Education Date: 22-Apr-2024

Summary

Ms X complained the Council failed to take sufficient action to ensure her child, Z, who has an Education, Health and Care (EHC) Plan, received suitable education after they were permanently excluded from school. She says this meant Z was out of education for longer than needed. The law prevents us investigating most of these events, as they occurred too long ago or because Ms X had a right of appeal to the tribunal, and it was reasonable for her to have used it. However we found the Council did fail to arrange some special educational needs provision for Z for ten term-time months and this matter was not linked to the issues Ms X could have appealed to the tribunal. It also significantly delayed responding to Ms X’s complaint. In recognition of the injustice caused to Z and Ms X, the Council has agreed to apologise, pay Ms X £2,150 and carry out service improvements.

Service improvements