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.

Stockton-on-Tees Borough Council (24 002 106)

Summary: We will not investigate Mr X's complaint about home to school transport provided by the Council. Further investigation by us is unlikely to achieve a different outcome.

Derby City Council (24 007 869)

Summary: Mrs D complained about delay in the issuing of her son's education, health and care plan. We found fault which has caused a loss of special educational needs provision, delayed appeal rights and time and trouble. The Council has agreed to apologise and make a payment to Mrs D to remedy the injustice.

Worcestershire County Council (24 008 477)

Summary: Ms X complained the Council failed to reimburse her for the full cost of transporting her child to their education placement in 2023. We have found no evidence of fault. The Council offered Ms X a voluntary payment which she accepted at the time and did not appeal.

Hampshire County Council (24 009 475)

Summary: Mrs L complained the Council did not review her son's education, health and care plan for several years, and then issued an inadequate plan. However, we propose to discontinue our investigation, because we consider Mrs L should have raised this matter sooner, and because she had a right of appeal about the plan if she considered it was not suitable.

Suffolk County Council (24 014 322)

Summary: We will not investigate Miss X's complaint about delays in providing an education to her child. The Council has accepted fault and its offer to remedy the complaint meets with our guidance on remedies. We are unlikely to achieve more.

Surrey County Council (24 017 846)

Summary: We will not investigate Mrs X's complaint about delays issuing her child's Education Health and Care Plan. This is because the Council has issued a final plan, apologised and made a suitable payment to remedy any injustice caused. Further investigation would therefore not lead to a different outcome.

Suffolk County Council (24 017 998)

Summary: We will not investigate Ms X's complaint about the education provided to her child, Y, between March and July 2024 and the Council's decision that it will not pay for home to transport. Ms X has appealed to a tribunal and there is insufficient evidence of fault.

Suffolk County Council (24 018 545)

Summary: We will not investigate Miss X's complaint about delays in producing an Education Health and Care Plan as the Council has agreed to a proportionate way to resolve the complaint.

Isle of Wight Council (24 019 402)

Summary: We will not investigate Mrs X's complaint about the Council's decision not to issue an Education Health and Care Plan. It is reasonable to expect Mrs X to have appealed to the Tribunal. We are unlikely to find fault in the Council's decision that it does not have to provide alternative provision.

Buckinghamshire Council (24 019 776)

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.

Surrey County Council (24 019 791)

Summary: We cannot investigate Miss X's complaint about how the Council has managed her child's education provision. This is because she has used her right of appeal to the SEND Tribunal.

Buckinghamshire Council (24 019 819)

Leeds City Council (24 019 964)

Summary: We will not investigate this complaint about the Council's decision not to provide the complainant's son with home to school transport. There is not enough evidence of fault by the Council for us to question its decision.

Tameside Metropolitan Borough Council (24 020 089)

Summary: We will not investigate Mr X's complaint about the Council's refusal to provide post-16 transport to college for his child. There is not enough evidence of fault to justify investigating.

Buckinghamshire Council (24 020 181)

Lancashire County Council (24 019 404)

Summary: We will not investigate Mrs X's complaint about the adequacy of Council's offer to settle a complaint after mediation. The complaint is late and there is no good reason to exercise discretion to consider these matters now.

Staffordshire County Council (24 020 261)

Summary: We will not investigate this complaint about the Council's report produced as part of family court proceedings. The law prevents us doing so.

Suffolk County Council (24 020 916)

Summary: We will not investigate Mrs X's complaint about the Council's decision not to consider her complaint about a manager's decision on her family's case whilst there are ongoing criminal proceedings relating to her husband. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

Stoke-on-Trent City Council (24 021 350)

Summary: We will not investigate Mr X's complaint that he has been treated unfairly by Children's Services in its child protection involvement with his family. This is because there is no sign of fault in the Council's decision not to consider his complaint whilst there are ongoing court proceedings. Also, some of the matters raised have been considered in court proceedings. Such matters lie outside our jurisdiction and the law says we cannot consider them.

Middlesbrough Borough Council (24 002 339)

Summary: Miss X complains the Council delayed arranging a school place or alternative provision for Child Y, which meant they were without education for a year. We find fault with the Council for the delay in assigning Child Y a school place, and for failing to arrange alternative provision meanwhile. We also find fault with the Council for its complaint handling. The Council has agreed to make financial payments in recognition of the distress and missed provision, as well as carry out service improvements.

Leeds City Council (24 006 945)

Summary: Mr X complains the Council failed to deliver educational provision to Child Y and delayed issuing their Education, health and Care Plan. Mr X says this meant they missed suitable education and support. We find fault with the Council for delaying arranging alternative provision and for delaying issuing Child Y's EHCP. The Council has agreed to make financial payments in recognition of the missed provision and injustice to Child Y and Mr X.

London Borough of Bromley (24 011 482)

Summary: Mrs X complained the Council did not review her child's Education Health and Care Plan in line with statutory timescales and did not deliver the provisions set out in the Plan. Mrs X says this has impacted her child's education and caused her financial strain. The Ombudsman finds the Council at fault which caused Mrs X and her child injustice. The Council has agreed to take service improvement action and make a payment to Mrs X.

Oxfordshire County Council (24 013 800)

Summary: Mrs X complained of the Council's handling of her child (Y's) Education Health and Care (EHC) Plan during a phase transfer. This included poor communication and a failure to issue Y's amended final EHC Plan by 15 February in line with statutory timescales. The Council was at fault for its communication and the three-month delay in issuing Y's EHC Plan. This caused Mrs X distress, frustration and uncertainty and delayed her appeal rights to the SEND tribunal. The Council has agreed to make a payment to recognise this.

Derbyshire County Council (24 017 795)

Summary: We will not investigate Mr X's complaint about the Council's decision to refuse his request to provide home to school transport for his child, Y. This is because there is insufficient evidence of fault.

Leeds City Council (24 018 838)

Summary: We will not investigate this complaint about how the Council dealt with the annual reviews of a child's Education Health and Care Plan. 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.

Kingston Upon Hull City Council (24 007 776)

Summary: We will not investigate this complaint about a child protection decision by the Council as there is not enough evidence of fault to warrant our further involvement.

Tameside Metropolitan Borough Council (24 010 847)

Summary: Mrs X complained about the Councils poor communication and failure to meet key timescales for Y to transfer onto the next school. We find the Council at fault for failing to keep Mrs X updated about Y's education and placement. This caused Mrs X distress and uncertainty. The Council has agreed to apologise and make a payment to Mrs X.

London Borough of Harrow (24 012 258)

Summary: Mrs X complained that the Council failed to properly consider her application for a Blue Badge, made on behalf of her seriously ill child. We found the Council was at fault because it did not consider the relevant criteria. This caused Mrs X distress and frustration. To remedy this injustice, the Council has agreed to apologise, make a symbolic payment and take action to improve its service.

Devon County Council (24 012 631)

Summary: Ms X complained on behalf of Y, a looked after child. She says the Council failed to properly consider Y's complaint about its handling of a child in care review and how Y's placement dealt with their belongings. The Council failed to properly consider Y's stage one complaint and the impact of its failings on Y. The Council should apologise, make a payment to Y and ensure it carries out the identified service improvements.

West Northamptonshire Council (24 014 990)

Summary: We will not investigate Ms X's complaint about the actions of the Social Worker allocated to her child's case. The law prevents us from investigating anything that forms part of court proceedings, including information and reports produced for the court. We would expect Ms X to raise any concerns about these issues in court.

Cheshire West & Chester Council (24 017 489)

Summary: We will not investigate this complaint about the Council substantiating child safeguarding concerns in a matter concerning Mr X. Investigation by us would be unlikely to lead to a finding of fault.

Hampshire County Council (24 018 084)

Summary: We will not investigate Ms X's complaint about the Council's decisions to stop her child's direct payments for social care provision. This is because there is insufficient evidence of fault with the Council's decision not to escalate her complaint from 2023, and because her recent complaint is still being considered by the Council.

Southampton City Council (24 020 862)

Summary: We will not investigate Mr X's complaint the Council discriminated against him as a male victim of domestic abuse. The complaint is late and there is no good reason to decide to investigate now. In any case, there is insufficient evidence of fault to justify our involvement.

Kent County Council (24 021 807)

Summary: We will not investigate Ms X's complaint about matters related to the Council's handling of her son's case in 2011. Ms X's complaint is late with no good reason to exercise discretion.

London Borough of Croydon (24 021 927)

Summary: We will not investigate this complaint about Miss B's unsuccessful application for a blue badge renewal for her daughter. This is because there is insufficient evidence of fault by the council.

Hertfordshire County Council (24 001 477)

Summary: Miss X complained that the Council failed to provide a proper education to her daughter, and caused delays when deciding her special educational needs support. We have found fault with the Council because it caused a significant delay while amending Miss X's daughter's support. This likely caused Miss X distress. We cannot comment on other matters because they are linked to something which could have been appealed to the SEND Tribunal.

Surrey County Council (24 007 581)

Summary: Mr X complained the Council failed to secure the provision set out in Y's Education, Health and Care Plan when she moved into its area. We find the Council at fault for failing to secure the provision set out in Y's plan, causing a loss of education and uncertainty The Council has agreed to apologise, make a payment to recognise the injustice and act to prevent recurrence.

Birmingham City Council (24 011 059)

Summary: Ms X complained the Council declined her applications for her child's travel assistance since they started secondary school. We found fault with the Council failing to consider the full circumstances of Ms X's applications. The Council agreed to consider an application for travel assistance for Ms X's child referring to Ms X's evidenced mobility issues and her child's episodes of unconsciousness. The Council also agreed to apologise to Ms X and considers its discretion to reimburse any costs Ms X has incurred in arranging travel to school for her child since September 2024, if the Council accepts the travel assistance application.

Medway Council (24 013 632)

Summary: Ms X complained that the Council caused delays when deciding her son's special educational needs support. We have found that the Council was at fault, and that this likely caused Ms X distress. The Council has agreed to make a symbolic payment to recognise her injustice.

Derbyshire County Council (24 014 059)

Summary: Mr X complained about Derbyshire County Council and NHS Derby and Derbyshire Integrated Care Board. We will not consider his complaint about the delay issuing his son's Education, Health and Care Plan. That complaint is late. Also, we cannot consider Mr X's complaint about not securing health provision to enable Y to attend school. That is bound up with matters which Mr X appealed to the First-tier Tribunal (Special Educational Needs and Disability), which places the complaint out of jurisdiction.

Suffolk County Council (24 014 167)

Summary: We have found fault (service failure) with the Council for failing to process Mrs X's son's Education, Health and Care Plan within the statutory timescales. This caused Mrs X uncertainty and frustration. The Council has agreed to remedy Mrs X's injustice.

Suffolk County Council (24 016 981)

Summary: We will not investigate this complaint about how the Council assessed for an Education Health and Care Plan. It is reasonable for Ms X to appeal to the Tribunal if she disagrees with the content or provision specified in the Plan.

Newcastle upon Tyne City Council (24 018 610)

Summary: We will not investigate this complaint about the Council delaying issuing a final Education, Health, and Care Plan for Mrs X's child. The Council upheld Mrs X's complaint and has made a suitable offer of a remedy for her injustice. Further investigation by us would not achieve a different outcome.

Brighton & Hove City Council (24 018 769)

Summary: We will not investigate this complaint about the Council's consultation into changes to its school admission arrangements. This is because there is not enough evidence of fault by the Council.

London Borough of Islington (24 018 882)

Summary: We will not investigate this complaint about the education of Ms X's children. This is because the law prevents us from investigating most things that happen in schools and because it is reasonable for Ms X to use her right of appeal to a tribunal.

Brighton & Hove City Council (24 018 895)

Essex County Council (24 019 857)

Leicester City Council (24 011 458)

Summary: Miss B complained about the Council's delivery of her son's social care support. We have found that the Council was at fault, as it has not yet dealt with Miss B's complaint properly. It will now do so.

West Northamptonshire Council (24 012 297)

Summary: Mr X complained about information included in a children's social care assessment. We have found that the Council was at fault, as it has not yet dealt with Mr X's complaint properly. It will now do so.

Lincolnshire County Council (24 018 544)

Summary: We will not investigate this complaint about the Council's refusal to change a social worker. We could not achieve the outcome Miss X is seeking by investigation.

Dudley Metropolitan Borough Council (24 018 608)

Summary: We will not investigate Mrs X's complaint about the Council's decision to recover an overpayment of caring allowance. It is unlikely we would find fault.

Cambridgeshire County Council (24 020 861)

Summary: We cannot investigate Ms X's complaint about evidence and reports provided to and considered by the court in proceedings relating to her grandchild because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that have been considered in court. We have no discretion to do so.

Brighton & Hove City Council (24 018 723)

Essex County Council (24 019 722)

Isle of Wight Council (24 018 889)

Summary: We will not investigate this complaint about the delay in issuing an Education Health and Care plan, and that the school named in it is unsuitable. The complaint about the delay has already been upheld and investigation by the Ombudsman would achieve nothing further. It would be reasonable for the complainant to use her right to appeal against the named school.

Nottinghamshire County Council (24 019 236)

Summary: We will not investigate this complaint that the Council has failed to communicate with the complainant properly in matters relating to her son's Education Health and Care plan. This is because investigation would not achieve anything significant or lead to a different outcome.

Walsall Metropolitan Borough Council (24 005 662)

Summary: Mrs X complained the Council did not properly complete the 2022 annual review of her daughter, Y's Education, Health and Care Plan, named an inappropriate placement and delayed issuing an amended plan after the 2023 annual review. She also complained about the Council's complaint handling. Mrs X said this caused unnecessary distress and uncertainty. There was fault in the way the Council did not issue a decision after the 2023 annual review, delayed issuing an amended plan and delayed completing its complaint process. This frustrated Mrs X's right of appeal to the Tribunal and she was put to time and trouble to complain. The Council should apologise, make a financial payment and issue guidance to its staff.

Kirklees Metropolitan Borough Council (24 014 401)

Summary: We will not investigate this complaint about the Council substantiating a safeguarding concern in a matter involving Miss X. There is not enough evidence of fault in the Council's actions to warrant investigation by us.

Kent County Council (24 018 460)

Summary: We will not investigate this complaint that the Council refused to carry out an assessment. This is because there is insufficient evidence of fault by the Council.

London Borough of Harrow (24 018 554)

Summary: We will not investigate this complaint about Mrs X's application for a Blue Badge for her son. This is because there is not enough evidence of fault by the Council.

Gloucestershire County Council (24 018 766)

Summary: We will not investigate this complaint about the Council undertaking a child protection enquiry. There is not enough evidence of fault by the Council to warrant investigation.

Peterborough City Council (24 019 135)

Summary: We will not investigate this late complaint about the Council's handling of child protection matters involving Mrs X's grandchild. The law prevents us from investigating matters that have been the subject of court proceedings.

Sunderland City Council (24 019 457)

Summary: We cannot investigate Mr C's complaint about inaccuracies in a Council assessment. This is because the main points of complaint are closely connected to court action, which we cannot investigate.

Essex County Council (24 020 662)

Summary: We cannot investigate Miss X's complaint about a social worker's report because it was used in court. We have no powers to look at evidence used in court.

London Borough of Bromley (24 005 787)

Summary: Miss X complained the Council failed to provide a suitable school placement for her child. Miss X also complained the Council ignored her contact and failed to provide her with suitable updates. We found fault with the Council delaying the search for a school placement for Miss X's child for four months and for complaint handling delays amounting to 12 weeks. The Council agreed to apologise to Miss X and pay her £250 for the inconvenience and distress caused.

Hertfordshire County Council (24 008 645)

Summary: We will not investigate Mrs X's complaint about the education provided for her son from 2020 to 2022. This is because we have already considered the matter and decided not to investigate it. We will not investigate further Mrs X's complaint about the Council refusing to take a new complaint. But we have investigated Mrs X's complaint about the Council's support for her son's special educational needs from September 2022 to June 2023, including a delayed review of his Education, Health and Care Plan. We uphold the complaint due to a delay in the Education, Health and Care Plan review. The Council has agreed to our recommendations.

Walsall Metropolitan Borough Council (24 009 914)

Summary: Mrs X complained about failings and delays in the annual review process and in issuing a final amended EHC Plan for her daughter. Mrs X complained the Council failed to provide appropriate or adequate support when she removed her daughter from the school roll. And of poor communication from the SEND Team. We found the delay and failure to follow proper procedure in the Annual Review process and in issuing an amended Final Plan is fault. This fault has caused Mrs X distress and frustration. The Council has agreed to apologise and make a payment to Mrs X and issue reminders to relevant staff.

Somerset Council (24 009 973)

Summary: Mrs X complained about the Council's delay issuing her child, Y's amended final Education, Health and Care Plan and its failure to provide Y with the speech and language therapy and occupational therapy required. We find the Council at fault which has meant Y missed out on the support she needed and caused Mrs X distress and uncertainty. The Council has agreed to apologise and make a payment to Mrs X.

Derbyshire County Council (24 010 520)

Summary: We have found fault with the Council for failing to meet the Education, Health and Care Plan statutory timescales. This caused Miss X's daughter to miss out on special educational needs support and education. The Council has agreed to take action to remedy the missed education and support.

West Sussex County Council (24 017 788)

Summary: We have upheld Mrs X's complaint about the Council's delay in completing her child's Education, Health and Care needs assessment. The Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused. We will not investigate Mrs X's complaint the Council failed to name a school on the Education, Health and Care plan. These decisions carry a right of appeal which it would be reasonable for Mrs X to use.

Halton Borough Council (24 018 265)

Summary: We will not investigate this complaint about Mr X not being warned that his child was in a grace period for free childcare due to passcode not having been renewed. There is not enough evidence of fault by the Council to warrant investigation.

Dudley Metropolitan Borough Council (24 018 270)

Summary: We will not investigate this complaint about how the Council dealt with the review of a child's Education Health and Care Plan. This is because further investigation would not lead to a different outcome and because there is insufficient evidence of fault.

Portsmouth City Council (24 018 423)

Summary: We cannot investigate Mrs X's complaint about the education provided to D. Mrs X has appealed the suitability of the Council's education offer to the Tribunal.

Dorset Council (24 018 875)

Summary: We will not investigate this complaint that the Council failed to make the necessary funding available to the complainant's son's school to enable it to deliver the provision to which he is entitled. Investigation would not add anything significant to the response the Council has already made and is not therefore warranted.

Surrey County Council (24 019 138)

Summary: We will not investigate Mrs X's complaint about the Council's delay in issuing her daughter an Education Health and Care Plan because it has offered a suitable remedy for the injustice the delay caused Mrs X. We cannot investigate Mrs X's complaints about the Council's refusal to carry out an assessment and its decisions on the contents of the final Plan because Mrs X has appealed to the SEND Tribunal.

Essex County Council (24 019 745)

Essex County Council (24 019 933)

London Borough of Merton (24 015 531)

Summary: We will not investigate Miss X's complaint the Council has not adequately investigated her complaints regarding children social services and their decision to proceed with section 47 child protection enquiries. This is because an investigation would not lead to any further findings or worthwhile outcomes.

Warwickshire County Council (24 018 534)

Summary: We will not investigate Mr X's complaint about the Council's response to his concerns about the risks posed to his niece by the court's decision she should live with her mother. This is because there is insufficient evidence of fault by the Council to warrant an investigation

West Sussex County Council (24 020 155)

Summary: We will not investigate this complaint about the Council's decision to place Mr X's child in foster care and its alleged failure to safeguard Mr X's child while in the foster placement. The matter is before the courts, and we have no legal power to investigate.

Royal Borough of Greenwich (24 020 170)

Summary: We will not investigate this complaint about the Council's actions when assessing Miss X's family. The complaint is about the content of a report which is being considered as part of ongoing court proceedings. The law prevents us considering the matter.

London Borough of Lewisham (24 022 957)

Summary: We will not investigate Mrs X's complaint the Council failed to respond to her stage two complaint under the children statutory complaints procedure within the required timescales. This is because the Council agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

Surrey County Council (24 023 046)

Summary: We will not investigate Mrs X's complaint. The Information Commissioner is better placed to consider Mrs X's complaint about inaccurate information held by the Council. Other matters would first need to be raised through the Council's complaints procedure.

Reading Borough Council (23 003 875)

Summary: Mrs X complained about the way the Council handled the review of her child's education, health and care plan and her complaint. She said this delayed her right to appeal the plan, caused unnecessary distress and frustration, and cost her time and trouble. We find the Council at fault, and this caused injustice. The Council has made a payment to Mrs X, apologised, and agreed to add a note to Mrs X's file. The Council has also agreed to arrange catch-up sessions for provision which was missed as a consequence of a delay in triggering Mrs X's right of appeal.


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