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City of Bradford Metropolitan District Council (22 017 545)
Statement Closed after initial enquiries Other 11-Apr-2023
Summary: We will not investigate this complaint about information the Council communicated to the Children and Family Court Advisory and Support Service. We cannot comment on decisions made by the courts, so we could not say any fault by the Council caused the injustice Miss X claims. The matter is best considered in court.
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North Yorkshire County Council (22 017 698)
Statement Closed after initial enquiries Disabled children 11-Apr-2023
Summary: We will not investigate this complaint about the Council's involvement in Mrs X's child's case. There are court proceedings ongoing which are linked to the matters. It is open to Mrs X to raise her concerns as part of that process, and to bring outstanding matters back to the Council and the Ombudsman after those proceedings have finished. The law prevents us from investigating the contents of the Council's Section 7 report to court.
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North Yorkshire County Council (22 017 708)
Statement Closed after initial enquiries Other 11-Apr-2023
Summary: We will not investigate this complaint about the Council's involvement in Mrs X's child's case. There are court proceedings ongoing which are linked to the matters. It is open to Mrs X to raise her concerns as part of that process, and to bring outstanding matters back to the Council and the Ombudsman after those proceedings have finished. The law prevents us from investigating the contents of the Council's Section 7 report to court.
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North Yorkshire County Council (22 017 715)
Statement Closed after initial enquiries Other 11-Apr-2023
Summary: We will not investigate this complaint about the Council's involvement in Mrs X's child's case. There are court proceedings ongoing which are linked to the matters. It is open to Mrs X to raise her concerns as part of that process, and to bring outstanding matters back to the Council and the Ombudsman after those proceedings have finished. The law prevents us from investigating the contents of the Council's Section 7 report to court.
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Shropshire Council (22 017 160)
Statement Upheld Other 11-Apr-2023
Summary: We have upheld this complaint because the Council delayed considering a complaint under the children's statutory complaints procedure. The Council has now agreed to resolve the complaint by completing a stage two investigation without delay and offering to make a payment to the complainant to remedy the time and trouble they have been too.
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Middlesbrough Borough Council (22 004 103)
Statement Upheld Looked after children 11-Apr-2023
Summary: We will not investigate this complaint about the Council's actions regarding investigations into what happened when Mr X was in care. This is because we cannot achieve the outcome Mr X is seeking and the courts are better placed to deal with the matters raised in this complaint.
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Liverpool City Council (22 009 514)
Statement Upheld Disabled children 11-Apr-2023
Summary: Mrs X complained about the Council's decision in January 2022 to refuse her request for direct payments to commission services for her son, F's short break hours. The Council accepted it did not apply relevant law and guidance correctly, despite a previous finding of fault by us about the same matter. It has now approved the direct payments and backdated them as appropriate. The Council agreed to pay Mrs X £600 in recognition of the significant frustration and time and trouble caused to her.
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Leeds City Council (22 014 598)
Statement Closed after initial enquiries Friends and family carers 11-Apr-2023
Summary: We will not investigate this complaint about a viability assessment completed by the Council to assess the complainant's suitability to care for their grandchildren. This is because there is insufficient evidence of fault by the Council and we cannot add to its investigation.
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London Borough of Wandsworth (22 016 786)
Statement Closed after initial enquiries Child protection 10-Apr-2023
Summary: We will not investigate this complaint about the Council's alleged failure to inform Ms X before assisting her child Y in going to live with his father. This is because we would be unlikely to provide a different outcome for Ms X.
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London Borough of Hounslow (22 016 934)
Statement Upheld Other 10-Apr-2023
Summary: We uphold Miss X's complaint the Council has failed to reply to her complaint within its Children Act statutory complaints' procedure. The Council has now agreed to do so.
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Portsmouth City Council (22 017 148)
Statement Upheld Adoption 10-Apr-2023
Summary: We will not investigate Miss X's complaint that the Council sent overpayments and correspondence to her previous address. This is because the Council has accepted fault and agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Miss X. make a proportionate financial payment to remedy the injustice Miss X experienced. Further investigation is not likely to result in a different outcome.
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Barnsley Metropolitan Borough Council (22 015 856)
Statement Closed after initial enquiries Child protection 05-Apr-2023
Summary: We will not investigate this complaint about the Council's use of information it holds about the complainant and its refusal to respond to his concerns about the matter. This is because there is no evidence of fault on the Council's part causing him an injustice.
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Blackpool Borough Council (22 016 955)
Statement Upheld Fostering 05-Apr-2023
Summary: We will not investigate this complaint about the support provided to Mrs X as a foster carer and the Council's decision to end the foster care placement. It has been properly considered through the children's statutory complaints procedure and we could not add to that investigation.
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Oxfordshire County Council (22 016 873)
Statement Closed after initial enquiries Special educational needs 11-Apr-2023
Summary: We will not investigate this complaint about the Education Health and Care Plan process. This is because Mrs X has appealed to a tribunal. This places most of the complaint outside the Ombudsman's jurisdiction. It is unlikely we could add anything to the Council's response about poor communication and we will not investigate complaint handling as a standalone issue.
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Kent County Council (22 016 298)
Statement Closed after initial enquiries Special educational needs 11-Apr-2023
Summary: We will not investigate Mr X's complaint about Education Health and Care Plan matters. We cannot investigate matters before a Tribunal.
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Essex County Council (22 017 415)
Statement Closed after initial enquiries Special educational needs 11-Apr-2023
Summary: We cannot investigate this complaint about the Education Health and Care Plan process. This is because Mrs X has appealed to a tribunal. This places the complaint outside the Ombudsman's jurisdiction.
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Cornwall Council (22 011 687)
Statement Upheld Alternative provision 11-Apr-2023
Summary: The complainant, Mrs X, complained that the Council failed to provide her son with alternative education for seven months and said the Council's communication has been poor. We find the Council at fault. This caused significant stress to Mrs X who spent time and money in ensuring her son received an education at home. The Council has agreed to several recommendations to address the injustice caused by these faults.
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Brighton & Hove City Council (22 007 243)
Statement Upheld Special educational needs 11-Apr-2023
Summary: Ms X complained about delay by the Council in issuing an Education, Health and Care Plan for her daughter. Ms X says because of this she has been asked to pay for her daughter's school fees. We have found the Council at fault for the delay for which it has apologised. We have also found fault with the Council's complaint handling for which the Council had agreed to apologise and make a symbolic payment for the injustice caused. We have found no other fault in the substantive issues Ms X complained about.
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Kent County Council (22 010 159)
Statement Upheld Special educational needs 11-Apr-2023
Summary: Ms X complained the Council failed to provide her daughter, Y, with transition arrangements for post 16 education. Ms X also complained the Council delayed identifying Y an education placement and delayed issuing her Education, Health and Care Plan (EHCP) paperwork. Ms X says this has caused Y distress and anxiety and she is out of education. The Council did not provide a transition, has not provided education and delayed in the EHCP process. Ms X has suffered distress and Y has missed out on education. The Council has agreed to apologise to Ms X and Y for its fault, make a financial payment and provide guidance to its staff to confirm its statutory duties.
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Kent County Council (22 017 396)
Statement Closed after initial enquiries School transport 10-Apr-2023
Summary: We will not investigate Mr X's complaint about the Council's decision not to provide his son with free transport to school. This is because there is not enough evidence of fault by the Council.
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Plymouth City Council (22 010 778)
Statement Closed after initial enquiries Special educational needs 10-Apr-2023
Summary: We will not investigate Mr X's complaint about the Council's decision to name a mainstream school in his child Y's Education, Health and Care Plan and the alternative provision she received following this. This is because the matters raised are linked to matters which have been considered at SEND tribunal and are therefore outside of our jurisdiction.
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Staffordshire County Council (22 010 968)
Statement Upheld Special educational needs 10-Apr-2023
Summary: There was a four-month delay by the Council in issuing a final Education, Health and Care plan after a successful appeal. This caused unnecessary uncertainty, time and trouble and delayed access to special educational provision. The Council will apologise and make a payment to acknowledge the impact of the fault. The complaint is upheld.
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East Sussex County Council (22 011 175)
Statement Upheld School transport 10-Apr-2023
Summary: Miss B complained that the Council in deciding her son's application for school transport, failed to follow the guidance and its own policy or consider the individual circumstances of the case. We have found fault. The Council has agreed to pay Miss B £200 and has improved its procedures for the future.
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Stoke-on-Trent City Council (22 011 448)
Statement Upheld Special educational needs 10-Apr-2023
Summary: There was a failure to secure special educational provision in an EHC plan from December 2020. This was fault and led to a young person missing out on therapy at a vital stage of their education. The Council will provide a payment to acknowledge the impact of the fault, secure provision and make service improvements. The Complaint is upheld.
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Staffordshire County Council (22 012 015)
Statement Closed after initial enquiries Special educational needs 10-Apr-2023
Summary: We will not investigate this complaint about delays in the Education Health and Care Plan process. This is because there is not enough evidence of fault by the Council or significant personal injustice to Mrs X. We cannot look at what happens in schools and will not consider complaint handling as a standalone issue.
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Staffordshire County Council (22 001 472)
Statement Upheld Special educational needs 10-Apr-2023
Summary: Ms B complained about delays reviewing her son's education, health and care plan, failure to follow the special educational needs code of practice, failure to provide education to her son, failure to properly consider her request for education other than at school and failure to consider her complaint properly. The Council delayed completing the review of the education, health and care plan, failed to act on Ms B's notification that she no longer wanted to home educate her son, failed to identify a request for a reassessment and failed to consider her complaint properly. There is no fault in how the Council considered the request for education other than at school. An apology, payment to Ms B, introduction of a process for identifying when reviews of education, health and care plans are due and reminder to officers is satisfactory remedy.
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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.
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Devon County Council (22 008 979)
Statement Upheld Alternative provision 10-Apr-2023
Summary: Mrs X complained the Council delayed assessing her child, W, for an Education, Health and Care plan and failed to put alternative provision in place when W could not attend school. The Council was at fault for delay in carrying out the assessment for W's Education, Health and Care plan. This caused Mrs X frustration and meant W was delayed in receiving special educational provision. The Council was also at fault for failing to properly consider if it should arrange alternative provision when W was out of education. On balance, had it acted without fault, the Council would have put provision in place. Its failure to do so had a negative impact on W's development and learning. The Council will apologise to Mrs X. It will also pay Mrs X £2000 in recognition of the injustice she and W experienced. Finally, the Council will carry out staff training on the alternative provision duty and review the form it uses to seek information from medical professionals on a child's health needs.
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Devon County Council (22 009 706)
Statement Not upheld Alternative provision 10-Apr-2023
Summary: Miss B says the Council failed to provide funding or support to enable her to provide education to her son when he was shielding and delayed providing support for school transport when she temporarily had to move out of the Council's area. There is no fault in the Council's actions.
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London Borough of Waltham Forest (22 010 136)
Statement Upheld Special educational needs 10-Apr-2023
Summary: The Council failed to provide Mrs B's son with suitable education when he was unable to attend school. It also failed to make proper and timely efforts to identify a school which could meet his needs. We have recommended that the Council apologises and makes payments for the loss of education, distress and avoidable time and trouble. We have also recommended service improvements.
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