Tameside Metropolitan Borough Council (22 008 709)

Statement Upheld Special educational needs 10-Apr-2023

Summary: Miss X complained her son, Y, did not receive the transition specified in his Education, Health and Care Plan (EHCP) when he moved to college. Miss X also complained Y is not receiving the one-to-one support specified in his plan. She complained the Council denied receiving a personal budget request for speech and language therapy (SALT). Miss X says this has meant Y is not receiving the support he needs. Miss X also says she was not able to appeal against the EHCP as the Council delayed the annual review. The Council was at fault. The Council did not provide support specified in Y’s EHCP and did not review the EHCP in time in line with legislation. Miss X’s appeal rights were frustrated as a result. The Council should apologise to Miss X and Y, ensure Y is receiving the support set out in his EHCP and pay a financial remedy to acknowledge the impact of its fault.

Tameside Metropolitan Borough Council (22 000 328)

Statement Upheld Domiciliary care 20-Apr-2023

Summary: Mr C said the Council failed to provide the care he needed and communicated with him poorly. On the evidence seen, the Council was at fault for a failure to provide an occupational therapist’s appointment for a year. It was at fault for not wearing transparent masks when visiting Mr C. These faults caused Mr C injustice in the form of distress and poor care. We have recommended the Council apologise to Mr C, make a financial payment and service improvements. However, the Council is not at fault for its financial assessment of Mr C’s ability to pay for his care.

Tameside Metropolitan Borough Council (22 016 219)

Statement Upheld Special educational needs 28-Jun-2023

Summary: delay by the Council amending B’s Education, Health and Care (EHC) Plan following an emergency review meant he started special school a term later than he should have done, and the Council did not check he was receiving suitable education when he attended school part-time while waiting for the amended Plan. We have recommended a symbolic remedy for the injustice this caused.

Tameside Metropolitan Borough Council (22 015 914)

Statement Upheld Special educational needs 16-Aug-2023

Summary: Mrs X complained the Council failed to finalise her daughter’s Education, Health and Care plan before she started secondary school. She said the Council also delayed putting funding in place for the school to recruit a teaching assistant for her daughter. The Council was at fault for poor communication and for failing to finalise Y’s EHC plan and funding before she started secondary school.

Tameside Metropolitan Borough Council (22 015 555)

Statement Upheld Enforcement 20-Aug-2023

Summary: Mrs X complained the Council delayed taking action in respect of unauthorised development at a neighbouring property and failed to effectively communicate with her about the situation causing stress. There was avoidable delay determining a retrospective planning application meaning Mrs X and her family had to live with an intrusive loss of privacy. There is also fault in how the Council handled this complaint and corresponded with Mrs X. A suitable remedy is agreed.

Tameside Metropolitan Borough Council (23 003 561)

Statement Upheld School admissions 24-Sep-2023

Summary: Mrs X complained about the outcome of her school placement application for her child, Y. The Council was at fault for not telling Mrs X the application did not meet the criteria of the exceptional circumstances panel. However, this did not cause Mrs X an injustice because the appeal panel properly considered all the evidence before it refused the appeal. The Council agreed to review its process to ensure there is no recurrence of the fault in the future.

Tameside Metropolitan Borough Council (23 001 347)

Statement Upheld Special educational needs 23-Oct-2023

Summary: Ms X complained the Council delayed providing her child (C) with specialist education provision and failed to communicate. This caused C to miss a full term of education and caused C and her family distress. The Council delayed in reviewing, amending, and completing C’s Education Health and Care Plan and failed to communicate effectively with Ms X.

Tameside Metropolitan Borough Council (23 003 515)

Statement Upheld Special educational needs 21-Nov-2023

Summary: Miss F complains the Council has failed to provide her son, J, with education or secure his special educational needs provision since he started college. We found fault as the Council delayed holding an EHCP review and issuing an amended plan, failed to secure J’s SEND provision and delayed providing support to enable him to participate in education. It has agreed to apologise and make symbolic payments to Miss F and J to remedy the distress and uncertainty caused.

Tameside Metropolitan Borough Council (22 017 428)

Statement Upheld Assessment and care plan 05-Dec-2023

Summary: Mr C complains about the Council’s failure to provide him with housing and care. Mr C says the Council has not properly considered his debt for care charges and did not deal with his complaint properly. The Council is at fault for providing wrong information in its complaint response and in fettering its discretion in its assessment of charge. The Council is not at fault for failing to provide housing or care. The Council has agreed to apologise to Mr C, reconsider his assessment of charge, and review its charging policy.

Tameside Metropolitan Borough Council (22 016 982)

Statement Upheld Residential care 13-Feb-2024

Summary: Mr X complained on behalf of his father, Mr Y, that there were failings by a care provider commissioned by the Council. We found the care provider failed to prevent Mr Y absconding from the care home, failed to follow his care plan and lost his personal belongings. In recognition of the injustice caused the Council has agreed to apologise to Mr X and make a payment to him.