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. Cambridgeshire County Council (20 013 354) Summary: Mr and Mrs X complained the Council failed to issue an updated education, health and care (EHC) plan for their son, Y, and to provide him with an education. Y has been out of school since March 2020 as he is clinically extremely vulnerable to COVID-19. He has also not received the provision in his EHC plan. Suffolk County Council (20 013 745) Summary: Mrs Y complained the Council failed to provide her son with support set out in his Education, Health and Care Plan, failed to provide information about options at his new placement, and about its failures in communicating with her. We have found fault by the Council in failing to provide the support in the Plan and the way it communicated with Mrs Y, causing injustice. The Council has agreed to remedy this by apologising, making payments to acknowledge the impact on Z of the loss of education and to reflect Mrs Y's upset and time and trouble. Kent County Council (21 004 648) Summary: Ms X complained about how the Council handled her son's (A's) Educational Health and Care Plan when he transitioned to secondary school. We found the Council was at fault for not complying with regulations and government guidance when it reviewed A's Plan. The Council's failure to follow the correct procedure caused Ms X frustration and confusion but did not cause A to miss out on support. The Council has procedures in place to prevent similar issues happening in the future. The Council has agreed to apologise to Ms X. Rochdale Metropolitan Borough Council (21 007 009) Summary: Mr X complained that the Council did not provide him with sufficient information and support when he was making an online application for a place for his child at his preferred primary school. I found no evidence of fault by the Council and no fault in the way the Independent Appeal Panel considered his infant class size appeal. Cumbria County Council (21 016 803) Summary: We will not investigate this complaint about a needs assessment carried out by the Council. This is because the complainant had the right to appeal about the content of the Education Health and Care Plan the Council produced, and it would have been reasonable for her to do so. Sheffield City Council (21 017 112) Summary: We cannot investigate this complaint about the Council's failure to provide alternative education provision for a child out of school because we have already considered that matter. We will not investigate the Council's failure to pay travel costs for the child to attend his residential placement between 2018 and 2019. This is because these events happened too long ago, and I see no reason why they could not have been raised sooner. London Borough of Ealing (21 017 256) Summary: The Ombudsman will not investigate Mrs X's complaint about the Council's decision not to provide her son with free transport to school. This is because there is not enough evidence of fault by the Council for us to be able to question the merits of its decisions. Derbyshire County Council (20 012 723) Summary: Mrs B complained about lack of support to her family between 2017 and 2021, failure to arrange meetings properly, failure to allocate a social worker from the disabled children's team, failure to respond to correspondence and delay putting in place recommendations following a complaint. The Council failed to properly consider the impact on Mrs B as a carer during its assessments, failed to arrange some meetings properly, failed to respond to Mrs B's correspondence and set up direct payments without discussing whether that was an option Mrs B wanted. An apology, payment to Mrs B and training for officers is satisfactory remedy. Trafford Council (21 017 343) Summary: We cannot investigate Mrs X's complaint, that the Council lied in court proceedings leading to her grandchildren being placed for adoption, because it lies outside our jurisdiction. The law prevents us from considering complaints about matters that have been considered and decided in court. We have no discretion to do so. Birmingham City Council (21 018 347) Summary: We will not investigate this complaint about the accuracy of information held by the Council. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is not enough evidence of fault by the Council. Surrey County Council (21 010 100) Summary: The Ombudsman will not investigate Miss X's complaint about the Council's decision not to provide her son with free transport to school. This is because there is not enough evidence of fault by the Council for us to be able to question the merits of its decisions. Devon County Council (21 001 260) Summary: Miss C complained about the Council's involvement with her after it started child protection proceedings against her. We find the Council was at fault for not inviting Miss C to a meeting. The Council has agreed to apologise to Miss C for the injustice caused by fault. London Borough of Bromley (21 016 338) Summary: We will not investigate Mr X's complaint about a social worker's court report and recommendations to the judge in family court proceedings because it lies outside our jurisdiction. The law prevents us from investigating matters that are being, or have been, considered in court proceedings. We have no discretion to do so. Westminster City Council (21 016 941) Summary: We will not investigate Mr X's complaint about a report the Council produced for Court proceedings. We cannot investigate Court proceedings. Tameside Metropolitan Borough Council (21 017 038) Summary: We will not investigate Miss X's complaint about the Council's decision to suspend the complaints process. It is unlikely we would find fault. London Borough of Hillingdon (21 017 331) Summary: We will not investigate this complaint about Miss X's children being in Council care. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. Where Miss X's children live has been decided by a court and only a court can alter that. Suffolk County Council (20 012 688) Summary: There was delay in putting in place provision in an Education, Health and Care Plan following a Tribunal decision. This led to a child missing out on education and social care support. The Council will apologise and make a financial payment. Leicestershire County Council (21 005 035) Summary: There was delay by the Council in making amendments to an Education, Health and Care Plan after annual reviews. However, this has not caused a significant injustice. The child remained in the same placement and appeal rights while delayed, were not used. Birmingham City Council (21 007 239) Summary: Ms X complains about the way the Council managed the Education Health and Care Plan process for her son Y. We found fault as the Council delayed issuing Y's final EHCP and failed to action Ms X's request for Speech and Language Therapy and Occupational Therapy reports. This caused Y an injustice as he was potentially without the additional support he needed, and Ms X was put to time and trouble in pursuing the matter. We have recommended a suitable remedy and so have completed our investigation. Kingston Upon Hull City Council (21 005 838) Summary: The Council was at fault when it unnecessarily delayed and poorly handled its investigation into an allegation that Mr X had abused his foster child. The investigation found the allegation to be unsubstantiated. Mr X said the Council's actions caused him and his family avoidable distress. We have found fault leading to injustice and recommended a financial remedy and service improvements. Derby City Council (21 015 529) Summary: We will not investigate this complaint about delay in the statutory procedure for complaints about children's services. This is because there is insufficient evidence of fault and the injustice caused is not so significant as to warrant investigation. Birmingham City Council (21 016 530) Summary: We will not investigate this complaint about the Council refusing to consider Mr X's complaint. There is not enough evidence of fault in the Council's actions to warrant investigation. Warrington Council (21 017 121) Summary: We cannot investigate Mr X's complaint that the Council's social worker delayed providing evidence to a court dealing with his application for a child arrangement order and has not implemented a recent court direction to facilitate contact. The Ombudsman cannot lawfully investigate because the actions are part of court proceedings. Devon County Council (21 002 110) Summary: Mr B complained the Council delayed reviewing his son's, X, special educational needs. And there was further delay in securing a suitable placement for him. He said that as a result X missed out on appropriate education, was caused stress by the school placement he was attending and this placed stress on the family. He said he and his wife were put to time and trouble in pursuing the matter with the Council. There was fault by the Council which caused injustice. The Council will make a payment to Mr B. Parkside School (21 007 884) Summary: Mrs X complained about the Independent Appeal Panel's decision to not admit her child to their preferred choice of school. There was no fault in the way the appeal was conducted. Essex County Council (20 012 291) Summary: Miss X complains about the Council's actions in relation to her son's special educational needs. She complains the Council failed to secure the provisions set out in his education, health, and care plan between 2018 and 2020. She also complains the Council failed to safeguard her son when she raised concerns about his school. We find fault with the Council for failing to secure all of Miss X's son's special educational provisions. We do not find fault with the Council's actions in relation to safeguarding. Durham County Council (21 007 905) Summary: Ms X cares for a child under a Child Arrangement Order. She complains about the Council's decision to end her funding and says the Council fettered its discretion to continue providing the funding. Ms X says this has caused her distress. We do not find fault with the Council as there is no evidence it fettered its discretion. Derbyshire County Council (21 016 249) Summary: We will not investigate Mr X's complaint about events which happened 24 years ago. There are no good reasons the late complaint rule should not apply. Leeds City Council (21 016 384) Summary: We will not investigate Mr X's complaint about a children services assessment. The Information Commissioner's Office is better placed, and we are unlikely to achieve more than already offered. Warwickshire County Council (21 016 396) Summary: We will not investigate this complaint about how the Council has dealt with the complainants concerns about the care of her children. This is because it is reasonable for her to raise the matters in upcoming court proceedings. Oxfordshire County Council (21 016 881) Summary: We will not investigate Mrs X's complaint about the way the Council dealt with her complaint. This is because we will not investigate complaint handling as a standalone issue. Cheshire East Council (20 012 023) Summary: We did not investigate Mrs X's complaints about decisions the Council made about a child she fostered. This is because we did not find fault with the Council's stage two and three statutory complaint investigations. However, we did find fault with delays in the Council's complaint handling and in complying with the recommendations from those investigations. The Council has offered a suitable remedy for the delay. It will also complete the recommendations, apologise to Mrs X and remind officers of the timescales for carrying out investigations. Suffolk County Council (21 002 326) Summary: Mr and Mrs X complain the Council failed to ensure appropriate education was provided to meet their son's, Y's, needs as set out in his Education, Health, and Care Plan. The Ombudsman finds the Council at fault for not properly considering its duties to provide alternative education. The Council will apologise to Mr and Mrs X and make a payment to reflect the injustice. The Council will also make improvements to its service. Bracknell Forest Council (20 013 496) Summary: Ms X complains the Council failed to complete the recommendations made at stage two and three of the children statutory complaint procedure. Ms X said this caused her significant distress. We find some fault with the Council for the delays in completing some of the recommendations. We have made some recommendations for the Council to remedy the injustice caused. Herefordshire Council (21 012 036) Summary: We cannot and will not investigate Mrs X's complaint against the Council's children services. We cannot investigate why a Court made a Care Order. We are unable to achieve the outcome Mrs X seeks as we cannot change the court order Bournemouth, Christchurch and Poole Council (20 014 286) Summary: There is fault in the Council's handling of Ms B's complaint to the Council in May 2020 regarding actions and decisions taken by its children's services team. The Council will arrange to consider this complaint properly now and make a payment to recognise the avoidable frustration and time and trouble its poor handling of the matter has caused 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. 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