New children and education complaint decisions

View online A weekly update on children and education complaint decisions Please note: our decisions are published six weeks after they are issued to councils, care providers and the person who has made the complaint. The cases below reflect the caselaw and guidance available at the time of issue and the individual circumstances of each case. London Borough of Brent (20 008 652) Summary: Ms X complains the Council has failed to provide sufficient support and information, including financial support, in relation to her special guardianship. She seeks compensation and service improvements. The Council is at fault and has caused injustice. It has agreed a financial remedy, service improvement and a review of its payments to Ms X. London Borough of Lambeth (20 012 738) Summary: We find fault with the Council for failing to record the details and outcomes of a meeting with Miss B about contact arrangements for her children. We also find fault with the way the Council considered Miss B's complaint during the statutory complaint process. This caused Miss B an injustice. The Council agrees actions to remedy the injustice. Telford & Wrekin Council (21 005 578) Summary: We will not investigate Mr X's complaint because it is reasonable to expect him to have used the Council's review process. Walsall Metropolitan Borough Council (21 006 179) Summary: We will not investigate Mr B's complaint that the Council has been at fault in the management of his son's care. This is because the complaint is late. Surrey County Council (19 012 655) Summary: Ms X complained the Council failed to put in place alternative education for her son and did not support her regarding safeguarding concerns. We found fault and the Council agreed a remedy. St Helens Metropolitan Borough Council (20 006 785) Summary: Ms B complained the Council failed to meet her reasonable adjustments when it corresponded with her about her son's special educational needs. She said the failure to do so meant she was unable to appeal against a decision not to issue an Education, Health and Care (EHC) Plan. She said the faults in the assessment of her son meant he attended a school that did not meet his needs and there was no means of requiring the school to do so as there was no EHCP in place. She also complained about the way the Council responded to her concerns. She said the Council's failings meant she had to educate her son at home and it caused her and him distress. There was fault by the Council but it did not cause significant injustice to Ms B. Cambridgeshire County Council (20 010 953) Summary: Miss V has made a complaint the Council failed to offer her son, who has special educational needs, a needs assessment to inform possible educational support. She also says the Council delayed in providing her son with alternative education provision and that such provision was unsuitable. Part of Miss V's complaint is out of time. We also do not have jurisdiction in these circumstances because Miss V appealed against the first decision to refuse her son a needs assessment. Further, Miss V had a right of appeal which was inextricably linked to the matter of her son's alternative education provision which, reasonably, she could have exercised at the time. Brighton & Hove City Council (21 006 130) Summary: We cannot investigate this complaint that the Council failed to consult with an Educational Psychologist when reviewing the complainants son's Education Health and Care plan. This is because the complainant has appealed to the Special Educational Needs and Disability tribunal about the contents of the plan and therefore her complaint falls outside of our jurisdiction. City of Bradford Metropolitan District Council (21 005 232) Summary: We will not investigate this complaint about the way the complainant's mental health was highlighted in minutes from a care planning meeting for her daughter. This is because we could not add to the response provided by the Council's investigation of the matter. Warrington Council (21 006 550) Summary: We cannot investigate this complaint about information the Council has provided during legal proceedings. The law prevents us from considering information provided to a court. Kent County Council (21 006 041) Summary: We cannot investigate this complaint about how the Council managed an Education Health and Care assessment. This is because the complainant used her right to appeal against the Council's decision to refuse to carry out an assessment. This therefore places the matter outside of our jurisdiction. West Sussex County Council (21 006 853) Summary: We cannot investigate Miss X's complaint that her son's autism assessment and annual review are delayed. This is because the substantive matter is going through an appeal at a tribunal. Norfolk County Council (21 000 187) Summary: Mr X complains about the Council's decision to allow his ex-partner to supervise contact between him and his children. He says the Council did not review its decision. We find fault with the Council for failing to provide Mr X with a copy of the social work assessment at the time it was completed. We have made recommendations. London Borough of Redbridge (21 002 897) Summary: We upheld Miss X's complaint because the Council did not properly consider whether it should investigate her late complaint. The Council agreed to reconsider whether it will investigate her complaint and provide Miss X with an explanation for its decision. Kent County Council (21 006 393) Summary: We will not investigate this complaint that the Council has failed to take action in response to Mr C's concerns about his daughter's welfare. This is because it relates to matters which will be decided in court. Worcestershire County Council (20 012 877) Summary: Mrs X complains the Council has delayed in providing an Education Health and Care Plan (EHCP), making the provision detailed in it, reviewing it and finding a permanent placement for her son, B. She also says the Council's communication is inadequate. The Council is at fault and has caused injustice. We recommend financial remedies. Devon County Council (21 002 115) Summary: Ms X complained that the Council had failed to provide her daughter, Miss Y a suitable education since 2016. She also said it had failed to respond to her requests for an Education Health and Care needs assessment within the statutory timeframes. We find the Council was not at fault. Southend-on-Sea Borough Council (21 005 915) Summary: We will not investigate Mrs B's complaint that the Council was at fault in failing to provide her with information. This is because there is not enough evidence of fault to justify investigating. West Sussex County Council (20 008 710) Summary: Mrs X complained about the Council's failure to pay her the correct fostering allowance since 2015 and its decision to partially backdate an increase allowance. We are satisfied the Council acted without fault when it decided to backdate her increased allowance to March 2020 only. Suffolk County Council (21 005 537) Summary: We will not investigate this complaint about the accuracy of a report the Council provided to a Court. This forms part of legal proceedings which we cannot investigate. Stockport Metropolitan Borough Council (21 008 231) Summary: We cannot investigate Miss X's complaint concerning an officer's actions in connection with a case in front of the Family Court. This is because the issues Miss X raises cannot be separated from the ongoing matters to be decided in court. London Borough of Bromley (20 003 028) Summary: Miss B, complains the Council did not respond to child protection concerns she raised about her daughters. Miss B is concerned this left them at risk of emotional harm. We have found no fault in the Council's response to the safeguarding referral. West Northamptonshire Council (21 005 611) Summary: We will not investigate this complaint about matters relating to the Council's child protection involvement with the complainant's family. This is because there is nothing we can add to the Council's response which explains the ongoing family court proceedings need to conclude before it can consider her complaint. Essex County Council (21 005 738) Summary: We will not investigate this complaint about a Children and Family Assessment. This is because we cannot achieve the outcome the complainant wants. Kirklees Metropolitan Borough Council (21 005 901) Summary: We cannot investigate this complaint about the quality of a court report written by a social worker. The matter is not separable from the content of the report, which has been considered by a court. Newcastle upon Tyne City Council (21 006 324) Summary: We cannot investigate this complaint about Mr X's children being placed for adoption as the matter has been decided by a court. Hampshire County Council (21 002 945) Summary: The Ombudsman discontinued the investigation of Mr K's complaint about the Council's refusal to offer his daughter a place in Year 7 at the preferred school and the failure of the appeal panel to properly consider his evidence. His daughter recently receiving a place at the school means there is no injustice to remedy even if we had gone on to find fault. London Borough of Merton (21 006 143) Summary: We will not investigate this complaint about the Council's decision not to carry out an Education Health and Care assessment. This is because the events happened too long ago and because it would have been reasonable for the complainant to have used her appeal rights. We look at individual complaints about local public services and all registerable social care providers in England. We remedy injustice and share learning from investigations to improve services. When we find a council or care provider has done something wrong, we recommend how it should put it right. We are free to use and make our decisions independently. Find out more about us at www.lgo.org.uk Manage preferences or unsubscribe Contact us

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