Worcestershire County Council (23 019 691)

Statement Upheld Special educational needs 06-May-2024

Summary: We will not investigate Mr X’s complaint about the Council not obtaining the required advice and information from occupational health in time for the EHC plan to be completed within the required timescales. This is because the Council agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Mr X and his child.

Worcestershire County Council (23 009 513)

Statement Upheld Special educational needs 27-May-2024

Summary: Miss B says the Council delayed completing her daughter’s annual review for her education, health and care plan, failed to ensure the alternative provider put in place provision and failed to respond to her communications. The Council delayed completing the annual review, failed to put in place alternative provision following the annual review and failed to respond to some of Miss B’s communications. An apology, payment to Miss B and introduction of a process to manage annual reviews is satisfactory remedy.

Worcestershire County Council (23 013 808)

Statement Upheld Special educational needs 05-Jun-2024

Summary: Mrs X complained her daughter missed out on education and special educational need provision as a result of delays caused by the Council. We have found fault with the Council and it has agreed actions to remedy the loss of education and distress caused.

Worcestershire County Council (23 009 011)

Statement Upheld Special educational needs 17-Jun-2024

Summary: Mrs X said the Council failed to secure the special educational provision set out in her child’s Education, Health and Care (EHC) Plan. She said this affected her child’s educational attainment and overall wellbeing. Mrs X also said the Council failed to effectively address her concerns about this. We have found the Council at fault for failing to ensure the special educational provision was in place, and for failing to adequately investigate Mrs X’s concerns. We have also found the Council at fault for misadvising Mrs X about the Council’s duties and for a lack of regard to the SEND Code of Practice in drafting Section F of the EHC Plan. We have made recommendations to remedy the injustice this caused.

Worcestershire County Council (23 013 872)

Statement Upheld Special educational needs 18-Jun-2024

Summary: There was fault by the Council. There was delay taking Mrs X’s request for a personal budget for her child’s education to a panel and delay in telling her of the decision. There has also been delay holding an Education, Health and Care Plan annual review. A payment and issuing a new decision to give a new right of appeal to a tribunal remedies the injustice from these faults.

Worcestershire County Council (23 015 086)

Statement Upheld School transport 29-Jul-2024

Summary: Mrs Y disagrees with the Council’s decision to refuse to provide transport assistance for her son, F, to attend the college named in his Education Health and Care (EHC) Plan. She says F attends the nearest suitable college to his home address, but the Council says there is one closer. We find the Council failed to explain the implications of naming Mrs Y’s preferred college in F’s EHC plan. We also find the Council failed to properly consider whether the other college offered a course at the required level for F. The Council will implement the remedial actions listed at the end of this statement.

Worcestershire County Council (23 014 942)

Statement Upheld Special educational needs 08-Aug-2024

Summary: Mrs X complained the Council failed to secure the full provision detailed in her child’s Education, Health and Care Plan since January 2022. We found fault with the Council failing to provide education for Mrs X child for three terms and four weeks. We also found fault with the Council failing to provide suitable Teaching Assistant support and access to an Occupational Therapy Motor Skills programme for five terms. We also found fault with the Council failing to provide 12 months Farming Provision and 23 months and 3 weeks access to Hydrotherapy. The Council agreed to pay Mrs X £12,750 in recognition of her child’s missed educational provision, including failure to source a Teaching Assistant making other education provided not at the needed standard. The Council agreed to apologise to Mrs X and pay her £300 for the frustration and distress caused to her through its delays and handling of this matter. The Council also agreed to provide training to staff about the importance of ensuring provisions detailed in Section F of an Education, Health and Care Plan are quantifiable and specific.

Worcestershire County Council (23 019 340)

Statement Upheld Special educational needs 13-Aug-2024

Summary: Mrs X complained the Council failed to provide suitable support for her child resulting in declining attendance followed by a stop in attendance. Mrs X complained the Council delayed production of her child’s Education, Health and Care Plan. Mrs X also complained the Council delayed providing alternative provision of education for her child and when it did provide this it was unsuitable for her child’s needs. We found fault with the Council for failing to provide suitable education for Mrs X’s child for most of the period 14 September 2023 to 4 March 2024. We also found fault with the Council for delaying outside the statutory timescales in producing Mrs X’s child’s Education, Health and Care Plan. The Council agreed to apologise to Mrs X, pay her £150 for the frustration and uncertainty caused and £2,000 for her child’s missed education. The Council also agreed to provide guidance and training to staff about recognising contacts showing a child is absent from school, and about considering a child’s individual needs when considering suitable alternative provision of education.

Worcestershire County Council (23 017 328)

Statement Upheld Special educational needs 18-Aug-2024

Summary: Ms X complains that the Council failed to consider its duty to make alternative education provision for Mrs Y’s daughter when she was unable to attend school on a full time basis. The Council is at fault as it delayed in considering its duty to make alternative education provision, delayed in offering the provision and delayed in issuing a final Education, Health and Care plan for Z. As a result, Z missed approximately 11 weeks of education and the faults caused distress to Mrs Y. The Council has agreed to remedy the injustice by apologising to Mrs Y and Z and making symbolic payments to them to acknowledge the distress caused to Mrs Y and Z’s missed education.

Worcestershire County Council (23 020 038)

Statement Upheld Special educational needs 19-Aug-2024

Summary: The Council was at fault because it did not arrange alternative educational provision for a child who was not attending school. It has already offered an adequate remedy for this, with the exception that it should also have offered to reimburse the complainant for a report she obtained privately. The Council has now agreed to do this. We have not investigated a complaint about the Council’s decision not to issue an education, health and care plan, because it carried a right of appeal to tribunal.