Thursday, June 1, 2023

New children and education complaint decisions

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.

  • Dorset Council (22 017 607)

    Statement Closed after initial enquiries Child protection 18-Apr-2023

    Summary: We will not investigate this complaint about inaccurate information shared by the Council. This is because complaints about data protection are better dealt with by the Information Commissioner. The complaint is also made late and I see no reason why it could not have been raised sooner.

  • Suffolk County Council (22 016 994)

    Statement Closed after initial enquiries Child protection 17-Apr-2023

    Summary: We will not investigate this complaint about child protection. There is not enough evidence of fault in the Council's actions to warrant investigation. Mrs X also has a right to go to court it would be reasonable to use should contact or residency arrangements for her child be in dispute.

  • Leicester City Council (22 017 390)

    Statement Closed after initial enquiries Child protection 17-Apr-2023

    Summary: We will not investigate this complaint about a social work assessment or the support the Council provided the complainant. We cannot investigate the Council's assessment as it is part of court proceedings and the complaint about the support the Council has provided is not separable from the matters in court.

  • Cambridgeshire County Council (22 010 573)

    Statement Not upheld Other 17-Apr-2023

    Summary: Miss X complains about how the Council carried out a Child & Family Assessment. She says the Council failed to erase or amend inaccurate information held on its records, which could cause harm to her child in the future. She also says the Council breached its obligations under the Human Rights Act. We have discontinued our investigation. This is because an investigation by the Ombudsman cannot achieve the outcome Miss X wants.

  • Wakefield City Council (22 017 633)

    Statement Closed after initial enquiries Other 17-Apr-2023

    Summary: We will not investigate this complaint about the information the Council included in an assessment relating to the complainant's child. This is because we would achieve nothing significant by doing so.

  • London Borough of Newham (22 017 048)

    Statement Upheld Other 16-Apr-2023

    Summary: We uphold Ms 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.

  • Southampton City Council (22 016 301)

    Statement Closed after initial enquiries Child protection 16-Apr-2023

    Summary: We will not investigate this complaint about how the Council has dealt with matters concerning the care of the complainants' children. This is because the matters complained about are not separable from matters currently subject to court proceedings.

  • Northumberland County Council (22 017 905)

    Statement Upheld Other 13-Apr-2023

    Summary: We uphold Mrs 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.

  • Bury Metropolitan Borough Council (22 017 753)

    Statement Closed after initial enquiries Child protection 13-Apr-2023

    Summary: We will not investigate this complaint about the Council's involvement in Miss X's family's case. There are ongoing court proceedings and a police investigation. After these have concluded, it is open to Miss X to complain to the Council and then the Ombudsman, for us to consider matters that are sufficiently separable from the proceedings.

  • Westminster City Council (22 017 310)

    Statement Closed after initial enquiries Looked after children 13-Apr-2023

    Summary: We will not investigate Ms X's complaint about the lack of support to her as a looked after child and as a care leaver. There are no good reasons the late complaint rule should not apply.

  • London Borough of Ealing (22 016 246)

    Statement Closed after initial enquiries Child protection 13-Apr-2023

    Summary: We will not investigate this complaint about the actions of the Council's children's services in relation to the complainant and her son. This is because the complaint is made late and we could not add to the Council's investigation.

  • Staffordshire County Council (22 017 342)

    Statement Closed after initial enquiries Child protection 12-Apr-2023

    Summary: We cannot investigate Mr X's complaint about the Council's involvement in a report produced for use in court. This is because the issues Mr X has raised about the report cannot be separated from matters to be considered in court. They are therefore outside our jurisdiction. We will not look at complaint handling as a standalone issue. Mr X's concerns about data protection breaches are best considered by the Information Commissioner's Office.

  • Birmingham City Council (22 017 022)

    Statement Upheld Child protection 12-Apr-2023

    Summary: We have upheld this complaint because the Council was at fault in delaying its response under the statutory process for complaints about children's services. The Council has agreed to resolve the matter by providing a suitable remedy for the injustice the complainant has been caused.

  • Buckinghamshire Council (22 016 442)

    Statement Closed after initial enquiries Looked after children 12-Apr-2023

    Summary: We will not investigate this complaint about the actions of social workers in the course of their involvement with the complainant's children. This is because the matters about which the complainant is unhappy can be brought to the attention of the court.

  • St Helens Metropolitan Borough Council (22 016 749)

    Statement Closed after initial enquiries Child protection 12-Apr-2023

    Summary: We will not investigate this complaint about the Council's involvement with the complainant's child. This is because much of the complaint concerns matters subject to court proceedings. There is insufficient evidence of fault with how the Council has dealt with other matters.

  • Cambridgeshire County Council (22 007 355)

    Statement Upheld Special educational needs 18-Apr-2023

    Summary: Mr X complained about the Council's failure to provide his son, Y, with educational provision in line with his Education, Health and Care (EHC) plan between July 2021 and July 2022 after Y moved to the Council's area. The Council was at fault for failing to provide any educational provision for 17 weeks, and for only providing some provision for 7 weeks. The Council will pay Mr X £2,250 for the benefit of Y's education and socialisation. It will also pay Mr X £300 to recognise the distress caused to him.

  • Sheffield City Council (22 016 766)

    Statement Closed after initial enquiries Special educational needs 18-Apr-2023

    Summary: We will not investigate this complaint about the Council's actions related to Ms X's child's Education, Health and Care plan. This is because we could not add anything to the Council's investigation or achieve a different outcome.

  • Stoke-on-Trent City Council (22 017 681)

    Statement Closed after initial enquiries Special educational needs 18-Apr-2023

    Summary: We cannot investigate this complaint about the Education Health and Care Plan process. This is because the complainant has appealed to a tribunal which places the matter outside our jurisdiction.

  • Salford City Council (22 017 252)

    Statement Closed after initial enquiries Alternative provision 17-Apr-2023

    Summary: We cannot investigate this complaint about the educational provision for the complainant's child. This is because the matter is not separable from matters which have been appealed to a tribunal.

  • Surrey County Council (22 003 115)

    Statement Upheld Special educational needs 17-Apr-2023

    Summary: Mr T complains on behalf of his son (Mr K) who has special educational needs (SEN). There was a two-year period where Mr K could not attend school because of his complex educational needs. Mr T complains the Council failed to provide Mr K with suitable alternative education in accordance with its legal duty under the Education Act 1996. We found the Council failed to provide Mr K with suitable alternative education provision. Overall, the Council provided Mr K with around a quarter of the education he was legally entitled to receive. This had a serious impact on Mr K's educational development and wellbeing. The Council has accepted our recommendations to remedy the fault and injustice identified.

  • London Borough of Sutton (22 011 275)

    Statement Closed after initial enquiries Special educational needs 17-Apr-2023

    Summary: We will not investigate Mrs X's complaint about children services' actions because it is unlikely we could achieve more than the Council's proposal to start a Children Act stage two statutory complaints' procedure investigation.

  • Surrey County Council (22 011 444)

    Statement Upheld Special educational needs 17-Apr-2023

    Summary: Mrs Z complained the Council delayed completing Education Health and Care Plans ("EHCPs") for her children and failed to ensure they had suitable education and EHCP provision, causing distress. We found the Council at fault. We recommended it provides an apology, pays £100 for time and trouble, pays £1000 for distress, pays £3300 for missed provision and acts to prevent recurrence.

  • Surrey County Council (22 012 228)

    Statement Upheld Special educational needs 17-Apr-2023

    Summary: Ms X complained the Council delayed issuing her child's Education, Health and Care Plan. The Council was at fault for a two month delay in issuing the plan. It has also failed to provide the provision set out in the plan so Ms X's child has missed out on provision. It has agreed to apologise to Ms X and make a payment in recognition of the injustice caused.

  • Wirral Metropolitan Borough Council (22 015 292)

    Statement Upheld Special educational needs 17-Apr-2023

    Summary: We upheld a complaint about a failure to secure Y's education provision and a failure to arrange an annual review of his Education, Health and Care Plan. The Council will apologise, make payments, appoint an advocate and arrange an urgent annual review.

  • Bristol City Council (22 016 082)

    Statement Closed after initial enquiries Other 17-Apr-2023

    Summary: We cannot investigate this complaint about a college making then withdrawing an offer of a place on a course. The matter complained of does not involve a function of the Council.

  • Oxfordshire County Council (22 016 812)

    Statement Closed after initial enquiries Other 17-Apr-2023

    Summary: We will not investigate this complaint about a data breach. Another agency would be better placed than us to consider the matter.

  • Surrey County Council (22 017 455)

    Statement Closed after initial enquiries Special educational needs 17-Apr-2023

    Summary: We cannot investigate Ms X's complaint about an Education Health and Care Plan assessment process as the Tribunal is considering the case.

  • Oxfordshire County Council (22 017 656)

    Statement Closed after initial enquiries Other 17-Apr-2023

    Summary: We will not investigate this complaint about the Council's response to an alleged data breach. This is because the Information Commissioner's Office is best placed to consider complaints about data protection. We will not consider complaint handling as a standalone issue.

  • Hertfordshire County Council (22 017 059)

    Statement Closed after initial enquiries Special educational needs 16-Apr-2023

    Summary: We will not investigate this complaint about the Council's action in respect of the complainant's son's special educational needs and its response to her subsequent complaint. This is because investigation by the Ombudsman would achieve nothing significant.

  • Stockport Metropolitan Borough Council (22 017 232)

    Statement Closed after initial enquiries Other 16-Apr-2023

    Summary: We will not investigate this complaint about the Family Drug and Alcohol Court. That is because we have no jurisdiction to investigate what happened in court.

  • Surrey County Council (22 017 038)

    Statement Closed after initial enquiries Special educational needs 16-Apr-2023

    Summary: We will not investigate this complaint about the Council's actions relating to the Education Health and Care Plan process. This is because the complainant appealed to a tribunal which places much of the complaint outside our jurisdiction. The injustice caused by the delay in assessing the complainant's child is not significant enough to warrant an investigation.

  • Suffolk County Council (22 009 902)

    Statement Closed after initial enquiries Special educational needs 16-Apr-2023

    Summary: We cannot investigate Miss X's complaint about the education provision for her son. This is because we cannot consider complaints about what happens in schools.

  • London Borough of Hackney (22 010 041)

    Statement Not upheld Special educational needs 16-Apr-2023

    Summary: Mr X complains about the Council's decision not to provide funding for home tuition and short breaks for his two children during COVID-19 lockdowns. There was no fault because the Council has continued to offer Mr X's children short breaks. In addition, the Council was not at fault for deciding to cease its short breaks funding by prepayment card because of Mr X's repeated misuse of the funds the Council provided for his children.

  • Suffolk County Council (22 011 208)

    Statement Upheld Alternative provision 16-Apr-2023

    Summary: Ms X complains that the Council failed to put in place alternative education for her son, C, when he was out of education and delayed in backdating his personal budget. We found the Council was at fault in that it delayed in completing an education, health and care needs assessment for C and in issuing a draft education, health and care plan. It also failed to put in place alternative provision between September and November 2022. However, the Council has provided a satisfactory remedy for the injustice caused.

  • Medway Council (22 011 749)

    Statement Upheld Special educational needs 16-Apr-2023

    Summary: Mrs D complained about the Council's delays in completing an annual review of her son's Education, Health and Care plan. We find the Council was at fault for its delays in completing the annual review. The Council has agreed to our recommendations to address the injustice caused by fault.

  • Essex County Council (22 012 659)

    Statement Upheld School transport 16-Apr-2023

    Summary: Mr D complained the Council has failed to properly consider his application and appeal for school transport for his daughter. We find the Council was at fault for not allowing Mr D the opportunity to present his case orally and for the lack of detail in its initial decision letter. The Council has agreed to our recommendations to address the injustice caused by fault.

  • Hampshire County Council (22 012 728)

    Statement Not upheld Special educational needs 16-Apr-2023

    Summary: We have discontinued our investigation of this complaint, that the Council failed to provide education for a child who was unable to attend school due to anxiety. This is because it concerns matters which are either late, or which were linked to an ongoing tribunal appeal during the relevant period, which takes the matter outside our jurisdiction.

  • Suffolk County Council (21 017 023)

    Statement Upheld Special educational needs 16-Apr-2023

    Summary: The Council was at fault for not providing Y with education in line with his Education, Health and Care plan from September 2021 to 21 February 2022. The Council has agreed to remedy to our recommendations to remedy the injustice caused by the fault.

  • Suffolk County Council (21 018 600)

    Statement Upheld Special educational needs 16-Apr-2023

    Summary: Mrs X complains the Council failed to arrange an annual review of her son's Education, Health and Care (EHC) plan. The evidence shows the Council delayed arranging the annual review by 20 weeks. This is fault. The Council has agreed to our recommendations to remedy the injustice caused by the faults.

  • Suffolk County Council (22 001 487)

    Statement Upheld Special educational needs 16-Apr-2023

    Summary: Mrs B complained about delays and failures in assessing her son C's special educational needs, providing him with suitable full-time education, arranging the special provision in his Education, Health and Care Plan, and issuing a final plan after a review. On the evidence available we found fault in the Council's actions. We have asked the Council to pay Mrs B £2400 for the benefit of C's education, £500 for her time and trouble, £295 for a private report she obtained and to provide evidence of how the major review of its service is progressing in terms of adherence to statutory timescales.

  • Kirklees Metropolitan Borough Council (22 006 285)

    Statement Upheld Special educational needs 13-Apr-2023

    Summary: Mr and Mrs X complain about the Council's handling of their child, Child Y's Education, Health and Care Plan (EHCP) since they asked for an urgent review of this in July 2019. The Council was at fault for not providing appropriate alternative education to Child Y from October 2019 to July 2020. The Council unnecessarily delayed its review of Child Y's EHCP which in turn delayed Mr and Mrs X's appeal rights. The Council also took too long to respond to Mr and Mrs X's complaints. The Council has agreed to apologise and make payments to Child Y and their parents. The Council will also review its systems for monitoring complaint response timeliness.

  • London Borough of Havering (22 017 123)

    Statement Closed after initial enquiries School transport 12-Apr-2023

    Summary: We will not investigate this complaint about post-16 transport for Miss X's son. This is because the Council has offered to re-consider her request for transport at the second stage of its appeals process. It is reasonable for Miss X to use this appeal right.

  • London Borough of Lewisham (22 017 373)

    Statement Closed after initial enquiries Special educational needs 12-Apr-2023

    Summary: We will not investigate Mrs X's complaint the Council delayed in consulting with their preferred choice of school for their daughter's Education Health and Care plan. Mrs X has appealed to the Tribunal therefore this matter is outside our jurisdiction. We cannot quantify any injustice caused by delay in the Council's assessment process until the outcome of the appeal is known.

  • Hertfordshire County Council (22 009 245)

    Statement Upheld Special educational needs 12-Apr-2023

    Summary: Mrs Y complains about the Council's delay in amending and issuing her son's revised Education Health and Care Plan (EHCP) which in turn frustrated her right to appeal against the named provision. We find the Council failed to act within the statutory timescales and this fault caused injustice to Mrs Y which the Council will remedy with an apology and a payment.


 


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