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. Somerset Council (23 017 883) Summary: Mrs X complained about the Council's failure to release funds for her family to access specialist provision in Section F of their children's Education, Health and Care (EHC) Plans. She also complained the Council failed to respond to requests, provided incorrect information and that its complaint handling was poor. Mrs X says she suffered anxiety and frustration, and her children's placement was at risk due to them not being able to access the specialist provision. North Yorkshire Council (24 001 859) Summary: Mrs X complained about the Council failing to meet statutory timeframes when finalising her child's education, health and care plan, failing to communicate with her properly and its failure to attend mediation sessions. The Council acknowledged it was at fault and it has agreed to remedy the injustice caused. Cambridgeshire County Council (24 002 559) Summary: Mr X complains about the Council sending his child's education, health and care plan to the wrong person at his college. As a result, the college used an incorrect plan that was not reflective of his needs for one whole academic year. The Council is at fault and this caused an injustice to Mr X and his child. The Council has agreed to remedy the injustice caused by the fault. Hertfordshire County Council (24 003 422) Summary: Ms X complained the Council failed to provide suitable education for her child since May 2023. We found fault with the suitability of the education provided by the Council for two terms and six weeks from 22 May 2023 to 26 July 2024. The Council has already paid Ms X £2,250 for the missed education and £270 for missed free school meals. The Council has also offered £600 for the distress and anxiety this matter has caused Ms X and paid this to Ms X. The Council has agreed to apologise to Ms X for her distress. We consider the £600 it has paid is a suitable symbolic gesture for her distress. The Council has agreed to pay Ms X an extra £1,675 for her child's missed education. Derbyshire County Council (24 016 093) Summary: We will not investigate this complaint about the contents of an assessment. This is because we could not add to the investigation carried out by the Council and because an investigation would not lead to a different outcome. Dorset Council (24 000 817) Summary: Miss Y complained about the way the Council dealt with Z's Education, Health and Care needs assessment and the special educational provision in their Education Health and Care Plan. We have found fault by the Council, causing injustice, in failing to: consult with school A or other schools before issuing the final EHC Plan in 2023; properly consider Miss Y's request for free school transport; and deliver the SEN provision in Z's EHC Plan. The Council has agreed to remedy this injustice by apologising to Miss Y, making payments to reflect the impact on Z of the missed SEN provision and the time and trouble, travel costs and distress caused to Miss Y and a service improvement. Cheshire East Council (24 001 596) Summary: Mrs X complained that the Council failed to provide alternative education from the end of June 2023 to February 2024 when her child was unable to attend school on health grounds. We have found fault causing an injustice. The Council has agreed to apologise, make a symbolic payment for the lost education and service improvements. St Helens Metropolitan Borough Council (24 001 806) Summary: Mr X complained the Council delayed finalising his child's education, health and care plan and it provided him with misleading information. The Council acknowledges it is at fault, the delay frustrated his appeal rights and caused avoidable distress. The Council has agreed to provide Mr X a payment to reflect the avoidable distress caused. Essex County Council (24 011 172) Summary: We have upheld this complaint because the Council delayed carrying out an Education Health and Care needs assessment for a child. The Council has agreed to resolve the complaint by apologising and offering to make a suitable payment to the complainant to remedy the injustice this caused. Central Bedfordshire Council (24 012 357) Summary: We will not investigate this complaint that the Council was at fault in its management of a child protection matter in relation to the complainant's daughter. This is because we would not seek to add anything to the investigation the Council has already carried out. Cornwall Council (24 012 033) Summary: We cannot investigate this complaint about the Council's allocation of school places for children with Education Health and Care plans. This is because the complainant used her right to appeal to the First-tier Tribunal (Special Educational Needs and Disability) against the place allocated for her son, and this places the complaint outside our jurisdiction. Lancashire County Council (23 012 746) Summary: Mr D complained the Council's child and family assessments of his daughter in 2023 were flawed. There was no fault in the way the assessments were done. There was fault in complaint handling but this did not cause Mr D significant injustice requiring a remedy. Milton Keynes Council (24 001 734) Summary: Miss B complained about the actions of the Council in respect of her child who was a looked after child. We found the Council took too long to respond to her complaint but its apology and offer of £550 is an adequate way of putting matters right. Lancashire County Council (24 013 539) Summary: We will not investigate Miss X's complaint. This is because there is no sign of fault in the Council's decision not to investigate her complaint whilst there is an ongoing police investigation into related matters. Cambridgeshire County Council (24 012 238) Summary: We will not investigate this complaint about the Council's failure to make alternative and special educational provision for the complainant's son. The complaint about the period before the Council issued an Education Health and Care (EHC) plan is late and there are no grounds for the Ombudsman to consider it now. Matters since the EHC plan was issued fall outside our jurisdiction by law. Staffordshire County Council (23 020 253) Summary: Mrs B complains that, after a Tribunal consent order, the Council did not upload the new Education, Health and Care Plan to its Hub. This meant her daughter's school was following the old plan so she missed 15 months of the increased provision. We uphold the complaint due to Mrs B's daughter's missed provision. The Council has agreed to our recommendations. Hampshire County Council (24 000 284) Summary: Mrs D complained the Council failed to make suitable alternative provision for her child when they were not able to attend school, and inappropriately took steps to take formal action against them. We did not find the Council at fault. London Borough of Hounslow (24 005 241) Summary: Mr X complained the Council failed to provide his child Y with the provision set out in Y's Education Health and Care (EHC) Plan, delayed updating the Plan and delayed setting up direct payments to secure provision for Y whilst it sought a school place. The Council was at fault. It failed to review Y's Plan when Y stopped attending school, delayed arranging alternative provision to meet Y's needs and the provision arranged did not meet all Y's needs. The Council has agreed to apologise to Mr X and make payments to acknowledge Y's missed provision and the distress, frustration and uncertainty caused to Mr X. It has also agreed to review its procedures. Surrey County Council (24 007 252) Summary: Mrs X complained the Council delayed completing her child's Education, Health and Care Plan outside the statutory timescales. Mrs X also complained the Council failed to communicate with her effectively. The Council accepted its fault for delays and poor communication and the uncertainty and frustration this caused. The Council has produced a Final Education, Health and Care plan for Mrs X's child and offered Mrs X an apology and payment totalling £1,350 for the uncertainty and frustration its fault has caused. I have ended my investigation because this is suitable action to resolve Mrs X's complaint and further investigation by the Ombudsman would not add to this. Reading Borough Council (23 006 632) Summary: The Council was at fault for a delay to its investigation of Ms X's complaint. But, in the context of her overall complaint about its complaint-handling, the fault was limited. The Council properly considered the complaint, made adjustments to its process in light of her communication difficulties, and generally acted in accordance with its statutory responsibilities. Nonetheless, it will take action to recognise Ms X's injustice from the delay. Devon County Council (24 011 616) Summary: We will not investigate this complaint about the actions of social workers before and after deciding Miss X's children needed to be subject to child protection plans. Any injustice caused by matters other than the child protection decision is not sufficient to warrant our involvement. The decision itself was one the Council was entitled to take given the evidence before it. London Borough of Harrow (23 018 585) Summary: There was fault by the Council in May 2023 as it did not give Ms X a chance to comment on proposed amendments to Y's Education Health and Care Plan before issuing an amended final Plan. This did not cause significant injustice. We did not investigate complaints about the failure to process an annual review in 2022 as they are late. Cambridgeshire County Council (23 019 887) Summary: Mx B complained about the Council's response to, and handling of, a complaint concerned with their child's special educational needs. We upheld the complaint, finding some fault in the Council's communications with Mx B and its complaint handling. We considered this caused some avoidable distress. The Council accepted these findings and provided an apology to Mx B and a commitment to improve its service. Lancashire County Council (23 020 935) Summary: the Council took too long to issue Mrs M's son B's Education, Health and Care (EHC) Plan and failed to arrange alternative education for B when it was needed. We have recommended a remedy for the injustice this caused. London Borough of Enfield (24 000 829) Summary: Ms A complained about the way the Council has dealt with her daughter's Education, Health and Care plan review as she came to the end of her college education. We found the Council is at fault and has caused an injustice to Ms A and to her daughter. The Council has agreed to carry out service improvements and make a payment to Ms A and her daughter in recognition of the impact on them. Kent County Council (24 001 024) Summary: Ms X complained the Council failed to support her in finding an in-year school place for her child. We did not find fault with the Council's actions. Cambridgeshire County Council (24 001 065) Summary: Miss X complains the Council failed to provide suitable education and special educational needs support to her child D when they were out of school. There was fault by the Council which caused D to miss education and special educational needs provision. It also caused avoidable distress for D, and avoidable distress, time, and trouble for Miss X. The Council agreed to apologise, properly consider whether the alternative education in place for D is suitable, and pay a financial remedy. It will also review relevant processes and issue reminders to its staff. London Borough of Barnet (24 003 890) Summary: Ms M complains the Council failed to arrange education for her son, B, for almost a year when he stopped attending school in May 2023. After mistakenly believing Ms M had chosen elective home education, the Council suggested a referral for outreach tuition. Ms M declined as it was almost the end of the year and she hoped B could start at a new school in September. The Council did not agree to Ms M's preferred school and B remained out of education. We cannot consider Ms M's complaint once the Council issued a new education, health and care (EHC) Plan in August 2023 because Ms M appealed to the SEND Tribunal. Pensby High School (24 005 345) Summary: Mrs X complained about a school admissions appeal hearing for her son. We ended our investigation because Mrs X withdrew her complaint. Hertfordshire County Council (24 006 440) Summary: Mrs X complained the Council failed to arrange suitable education for her child, W, when they stopped attending school in February 2023. Mrs X also complained about how the Council dealt with two annual reviews of W's Education, Health and Care Plan. The Council was at fault. This meant W missed out on education, Mrs X's right of appeal was delayed and she was caused frustration. The Council made a suitable offer of a financial remedy and it is open to Mrs X to accept it. Wokingham Borough Council (24 011 628) Summary: We will not investigate Miss X's complaint about a lack of educational support for her son. This is because the issue stems from the Council's decision not to issue him an Education Health and Care Plan and the decision carried a right of appeal which it would have been reasonable for Miss X to use. Wokingham Borough Council (24 011 669) Summary: We will not investigate this complaint about the Council's decision not to award free school transport to the complainant's daughter. There is insufficient evidence of fault in the Council's actions. Leicestershire County Council (24 014 373) Summary: We cannot investigate Mrs X's complaint about the Council's refusal to carry out an Education, Health and Care Needs Assessment for her child. This is because Mrs X has appealed to a tribunal. Lancashire County Council (23 018 745) Summary: Mrs B complained about the extent of support she had received over recent years from the Council, in meeting the needs of her adopted child. We upheld the complaint, finding the Council failed to provide some services, despite saying it would in response to a complaint and following assessments. This resulted in a loss of service and distress to Mrs B. The Council accepted these findings and agreed action to remedy this injustice, set out at the end of this statement. London Borough of Wandsworth (24 006 554) Summary: Mrs X complained about the Council's actions with a referral it received about her child, and it also falsely told her a home visit was mandatory. We are satisfied with the Council's acknowledgement and apology with some fault it identified, and this is appropriate for the injustice caused. Dorset Council (24 010 285) Summary: We will not investigate Mr X's complaint about the Council preventing contact between children and their birth family because only a court can decide disputed matters of contact and residence. We have no legal power to say what contact should be, or whether the children should be returned to their birth family. Sandwell Metropolitan Borough Council (23 009 390) Summary: Miss X complained the Council failed to provide her child with an education, delayed issuing and reviewing an education, health and care plan, and handled her complaint poorly. Miss X said this meant her child's needs were not met, they lost out on education, and it caused distress, frustration, and upset. We find the Council at fault, and this caused injustice. The Council has agreed to apologise, make a payment to Miss X, make an additional monthly payment for each month of delay reviewing the plan, and improve its service. Medway Council (23 018 390) Summary: There was fault by the Council because it took too long to respond to Ms X's request for an Education, Health and Care needs assessment for her daughter Y. There is continuing delay in obtaining advice from an Educational Psychologist and making a decision on whether or not to issue an Education, Health and Care Plan. The Council will apologise and make symbolic payments to reflect the avoidable frustration and uncertainty. Isle of Wight Council (23 019 334) Summary: the Council took eight weeks too long to issue Mrs M's daughter G's Education, Health and Care (EHC) Plan. The Council issued the Plan without advice from an Occupational Therapist (OT) so the Plan was, in fact, incomplete. The Council refused Mrs M's request for a specialist OT assessment. The reason the Council gave was invalid. This calls the Council's decision into question. We do not uphold Mrs M's complaint the Council refused to make interim provision before it issued the Plan, but we recommend the Council apologises for the delay and reconsiders Mrs M's request for a specialist OT assessment. Medway Council (24 000 959) Summary: Miss X complained the Council failed to provide suitable education for her child following their permanent exclusion from school in November 2023. We found fault with the Council failing to provide education for Miss X's child from 30 November 2023 to 16 September 2024. We also found fault with the Council delaying outside the statutory timescales in completing an Education, Health and Care Plan Needs Assessment of Miss X's child. The Council agreed to pay Miss X a further £4,270 for her child's missed education. The Council also agreed to pay Miss X £800 for the frustration and anxiety caused through its delays in completing the Education, Health and Care Plan Needs Assessment up to 22 September 2024. The Council should pay a further £100 each month it continues to delay until Miss X gets her appeal rights up to a maximum of six months. Buckinghamshire Council (24 005 555) Summary: there is no fault in the Council's decision to remove the tutor assigned to Ms G's grandson. The Ombudsman cannot question decisions taken without fault. London Borough of Ealing (24 008 364) Summary: There was fault in the way the Council considered an application and appeal for home to school transport on special educational needs/disability/mobility grounds. This casts doubt on the decision reached. The Council will apologise, hold a fresh appeal, make a time and trouble payment, and carry out service improvements. Derbyshire County Council (24 011 339) Summary: We will not investigate this complaint about delay in the annual review of an Education, Health and Care Plan. This is because the injustice from the delay is not significant enough to warrant an investigation. If Mrs X wants to challenge the content of her child's Education, Health and Care Plan then it is reasonable for her to appeal to a tribunal. Staffordshire County Council (24 011 527) Summary: We will not investigate this complaint about the Council's decision not to grant school transport assistance for the complainant's daughter. This is because there is no evidence of fault on the Council's part. City of Bradford Metropolitan District Council (24 012 048) Summary: We will not investigate this complaint that the Council's responses to a data breach and Subject Access Requests have been flawed. This is because another body is better placed than the Ombudsman to consider data protection matters. We will not consider the complaint that the Council's treatment of the complainant's family amounts to harassment because it has not completed the Council's complaint procedure and is therefore premature. Essex County Council (24 014 430) Summary: We will not investigate this complaint about the Education, Health and Care plan process. This is because the Council has agreed to an appropriate remedy for the injustice caused by the delay. 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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