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.

Derby City Council (24 007 045)

Summary: Mrs X complained about how the Council arranged and reviewed the special education provision in her daughter, Y's, Education Health and Care Plan. There was fault in how the Council arranged the support for Y, how it responded to changes Mrs X asked for, and delays following a review in May 2024. This caused Mrs X avoidable frustration, worry and uncertainty, along with some extra financial cost. The Council agreed to apologise, issue an amended final plan and pay Mrs X a financial remedy. It also agreed to review how is arranges education outside school settings and issue reminders to its staff.

Sheffield City Council (24 011 611)

Summary: Mrs X complained the Council failed to ensure her child received all the provision in their Education, Health and Care Plan. The Council is at fault for failing to ensure Y received the occupational therapy provision in their plan between May 2023 and April 2025. The Council has agreed to apologise to Mrs X and make a payment to acknowledge her frustration and to acknowledge the impact on Y of the missed provision. It has also agreed to issue a reminder to staff to ensure it meets its duty to deliver the provision set out in Education, Health and Care Plans.

London Borough of Bromley (24 014 166)

Summary: Ms X complained the Council delayed issuing her child's final education, health and care (EHC) Plan. The Council was at fault for failing to finalise the EHC plan within statutory timescales and this delayed Ms X's appeal rights. The Council has agreed to make a payment to Ms X in recognition of the delay and take action service improvement action.

Oxfordshire County Council (24 019 364)

Summary: We upheld part of Ms X's complaint regarding her child's Education, Health and Care Plan and about the Council's communication because the Council agreed to apologise and act to clarify its communication with her. We cannot investigate most of Ms X's complaint because she appealed to a court and a tribunal. We will not investigate the remainder because the tests in our assessment code are not met.

Milton Keynes Council (24 021 155)

Summary: We will not investigate Mr 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.

Walsall Metropolitan Borough Council (24 021 503)

Summary: We cannot investigate X's complaint about the Council's actions related to their child's school attendance. The Council has started court action about the matter. We cannot investigate a complaint about the start of court action or matters that can be raised as part of court proceedings.

London Borough of Richmond upon Thames (24 022 231)

Summary: We will not investigate Mrs X's complaint about an Education Health and Care Plan annual review. It is reasonable to expect her to appeal the outcome. And the faults she alleges are not significant enough or cause a significant enough injustice to warrant an investigation.

Devon County Council (24 022 937)

Summary: We upheld Mr X's complaint about delays in the Education, Health and Care process regarding his child, Y. The Council has already apologised to Mr X for the distress and uncertainty caused. The Council recently agreed to make service improvements as part of another investigation.

Essex County Council (25 000 201)

Summary: We will not investigate Ms X's complaint about delays in the Education Health and Care Plan process. This is because the Council has agreed to apologise to Ms X and pay her £100 per month for the delay. We consider this an appropriate remedy and further investigation is therefore unlikely to achieve anything more.

Essex County Council (25 000 233)

Summary: We will not investigate Miss X's complaint about delays in the Education Health and Care Plan process. This is because the Council has agreed to apologise to Miss X and pay her £100 per month for the delay. We consider this an appropriate remedy and further investigation is therefore unlikely to achieve anything more.

Maidstone Grammar School For Girls (25 002 629)

Summary: We will not investigate Miss X's complaint about an unsuccessful appeal for a school place. This is because an investigation would be unlikely to find fault.

Manchester City Council (24 015 234)

Summary: Miss X complains the Council failed to complete a Carers Assessment when she requested it. Miss X says the Council passed her between the children's and adult's teams. Miss X also says the Council completed a Child and Family Assessment poorly. Miss X says this has caused her distress and frustration. Based on current evidence we have found fault in the Councils actions. The Council has agreed to investigate Miss X's complaint about the assessment being completed poorly under the Children's Statutory Complaints Procedure, issue an apology to Miss X and pay Miss X a financial payment to recognise the delay and distress caused.

Kingston Upon Hull City Council (24 015 537)

Summary: The Council failed to investigate Ms X's complaint using the children's statutory complaints procedure when it should have done. It also delayed responding to Ms X's complaint through its corporate complaints procedure. The Council's faults have caused Ms X avoidable frustration and uncertainty. In recognition of this, the Council has agreed to apologise, pay Ms X £250 and carry out service improvements.

Westmorland and Furness Council (24 020 892)

Summary: We will not investigate this complaint about the Council substantiating a safeguarding matter involving Mrs X. There is not enough evidence of fault by the Council in reaching the decision to warrant investigation.

London Borough of Hounslow (24 022 005)

Summary: We will not investigate this complaint about a child safeguarding referral made by a body delivering services on behalf of the Council. The referral related to disputed versions of what Miss X was alleged to have said in a meeting with the body that made the referral. An investigation by us would be unlikely to reach any clear view.

Hampshire County Council (25 000 481)

Summary: We cannot investigate Mr X's complaint about the Council's children services involvement in Court proceedings.

Cheshire West & Chester Council (23 013 970)

Summary: Miss X complained the Council failed to maintain her child, Y's, Education, Health and Care (EHC) Plan, failed to issue an EHC Plan which met Y's needs, failed to ensure provision was made in line with Y's Plan and failed to provide Y with suitable education. The Council was at fault for the delay in finalising Y's EHC Plan, delay in arranging provision after an emergency review in line with their EHC Plan and not reimbursing Miss X for an online tuition payment or considering reimbursing her for additional resources she bought Y. This caused Miss X frustration, uncertainty and time and trouble and meant Y missed out on education provision. The Council will apologise, make symbolic payments, write to Miss X about its decision on reimbursing her the additional resource payments and carry out a service improvement.

Kent County Council (23 016 740)

Summary: Mrs X complained the Council failed to provide the occupational therapy detailed in Section F of her child's Education Health and Care Plan (EHC Plan). The Council provided no OT for a year and then failed to provide the OT in line with the provision in the EHC Plan. This had a detrimental impact on her child's development and caused stress. The Council will apologise and make payments for the lost provision.

Devon County Council (24 000 237)

Summary: We will not investigate Mrs X's complaint that the Council has failed to arrange suitable full-time education for her child since 2022. This is because part of her complaint is not separable from her appeal to a tribunal, part of her complaint is made late, and part has not been considered through the Council's complaints procedure.

Derbyshire County Council (24 008 737)

Summary: We have found fault with the Council for delays during the annual review of Mrs X's son's (Y's) Education, Health and Care Plan, failing to properly consider its section 19 duty and poor communication with Mrs X and Y's school. The fault resulted in the delay of Mrs X's appeal rights, caused Y to miss education and caused avoidable distress for the family. The Council has agreed to apologise and pay Mrs X a symbolic payment in recognition of the injustice caused.

Essex County Council (24 014 068)

Summary: Mrs X complained that the Council has delayed in completing an Education, Health and Care Needs Assessment for her daughter, Y, within the statutory timeframes. Mrs X also says Y has missed out on education. Mrs X says this has caused both her and Y distress and frustration. We have found fault in the actions of the Council. We recommend the Councils writes to Mrs X to apologise, pays a financial remedy and completes Y's Education, Health and Care Needs Assessment.

Kent County Council (24 015 686)

Summary: We will not investigate this complaint about the form of payments made to Mrs X as a childminder. Investigation would be unlikely to lead to a better outcome than that already offered by the Council.

Leicestershire County Council (24 016 703)

Summary: We cannot investigate Mrs X's complaint the Council failed to seek advice and information from an Educational Psychologist (EP) as part of its Education, Health and Care (EHC) needs assessment of her child Y because it is connected to her appeal to the Tribunal. The Council was at fault for not issuing Y's plan within the statutory timescales. The Council has agreed to apologise and make a payment to Mrs X to acknowledge the uncertainty and delayed appeal rights this caused.

Wokingham Borough Council (24 021 854)

Summary: We will not investigate Ms X's complaint about the Council's handling of her request it issue her son with an Education, Health and Care Plan. Ms X appealed to the First-tier Tribunal (Special Educational Needs and Disability). This places the complaint outside our jurisdiction.

Lancashire County Council (25 000 082)

Summary: We cannot investigate this complaint about the school named in an Education Health and Care Plan as Mrs X has appealed to a Tribunal.

Devon County Council (24 009 233)

Summary: Mr X complained about the way the Council dealt with foster carer payments. The Council was at fault for having unclear policies in place and failing to respond fully to Mr X's complaint. This caused Mr X distress and uncertainty. The Council will apologise, make payments and provide evidence that it has cancelled invoices.

Sefton Metropolitan Borough Council (24 012 072)

Summary: Miss D complained that the Council delayed progressing grant-funded adaptations to her home. As a result, her family has been overcrowded for over four years. The Council has accepted there was delay. It has agreed to make a payment to Miss D to remedy the distress caused.

London Borough of Harrow (24 022 424)

Summary: We cannot investigate this complaint about the Council's actions in removing Miss X's infant child. She has commenced court action to seek the return of her child and a legal bar thus permanently prevents us considering the Council's actions.

London Borough of Ealing (24 022 493)

Summary: We will not investigate Mr X's complaint about the content of an assessment the Council completed about his children. This is because our intervention would achieve nothing significant.

Norfolk County Council (24 010 217)

Summary: Mrs X complained about the Council's handling of her son, Y's, education. There was fault in the way the Council did not pay the backdated free school meals payment it agreed to and delayed responding to the complaint. This frustrated Mrs X. The Council should apologise, make a financial payment and provide guidance to its staff.

Birmingham City Council (24 014 814)

Summary: Mrs X complains the Council has wrongly refused to provide travel assistance for her son. We found the Council failed to carry out the appeals properly or keep clear records of the panels' decisions. This fault has caused Mrs X distress and uncertainty that her application has been properly considered. The Council has agreed to apologise to Mrs X, arrange a fresh appeal panel and take action to improve its service.

Central Bedfordshire Council (24 021 583)

Summary: We will not investigate Miss X's complaint about the provision of an Education Health and Care Plan. It is unlikely we could achieve more than the Council's complaint investigation achieved.

Leicester City Council (24 022 401)

Summary: We cannot investigate this complaint that Miss X was unfairly removed from a college course. This is because the law prevents us from investigating complaints about what happens in schools.

Essex County Council (24 023 099)

Summary: We will not investigate Mrs X's complaint about delays in the Education Health and Care Plan process. This is because the Council has agreed to apologise to Mrs X and pay her £100 per month for the delay. We consider this an appropriate remedy and further investigation is therefore unlikely to achieve anything more.

Essex County Council (25 000 256)

Kent County Council (25 002 299)

Summary: We will not investigate this complaint about an unsuccessful appeal for a school place. This is because there is not enough evidence of fault by the panel for us to be able to question its decision.

Kingston Upon Hull City Council (24 011 358)

Summary: Ms X complained the Council incorrectly deducted the value of benefits she claimed from payments it made to her for caring for two children under a residency order between 2010 and 2019. We ended the investigation because Ms X's complaint was late and there was insufficient evidence of fault to justify investigating.

Walsall Metropolitan Borough Council (24 021 490)

Summary: We will not investigate this complaint about the Council's refusal to rescind X's signature to an agreement about the outcome of a data protection matter. The complaint concerns the outcome of a data matter, which another body is better placed to consider. Any disagreement about a settlement of a data matter would be a matter where X has a right to go to court it would be reasonable to use.

Durham County Council (24 022 165)

Summary: We cannot investigate Ms X's complaint about how a school handled an allegation. This is because we have no powers to investigate complaints about the school's actions in relation to this matter. We will not investigate Ms X's complaint about the Local Authority Designated Officer process. This is because it has not yet been addressed through the Council's complaints procedure.

Staffordshire County Council (24 022 852)

Summary: We cannot investigate this complaint about the actions of the Council's children's services during private court proceedings. The law prevents us from investigating what happened in court.

Kent County Council (24 021 285)

Summary: We will not investigate this complaint about the Council's decision to refuse the complainant's application and appeal for school transport for her daughter. There is insufficient evidence of fault on the Council's part to warrant investigation.

Tameside Metropolitan Borough Council (24 022 094)

Summary: We will not investigate this complaint about the complainant's daughter's permanent exclusion from a school and her subsequent placement at a Pupil Referral Unit. There is insufficient evidence of fault on the Council's part to warrant investigation.

Somerset Council (24 009 840)

Summary: Mrs X complained the Council failed to provide an education for her son, Y, for two and half years, delayed issuing an Education, Health and Care (EHC) Plan and then issued it without all the relevant information and named a school Y would not attend. Mrs X also complained the Council delayed taking action after it completed mediation about the EHC Plan. The Council was at fault for delaying to issue Y's EHC Plan, delaying taking action following mediation and failing to maintain oversight of alternative provision Y was receiving. This caused Mrs X avoidable frustration and uncertainty. The Council will apologise, make a symbolic payment and take action to improve its service.

London Borough of Waltham Forest (24 009 945)

Summary: Mr X complained the Council failed to ensure his son, Y received an education or the specialist provision in his Education, Health and Care (EHC) Plan since October 2023 while he was out of school. The Council was at fault as it failed to ensure Y received a suitable education in line with his EHC Plan between October 2023 and July 2024. The Council agreed to make payments to recognise the impact this had on Y's education and for the distress and uncertainty caused to Mr X.

Cumberland Council (24 010 125)

Summary: There was delay by the Council in assessing Mr X's child's special educational needs and issuing a final Educational, Health and Care Plan that provided additional support. There was also fault in failing to consider if the Council's duty under s.19 Education Act to provide full-time education was triggered, or to keep a part-time timetable under review. As a result, Mr X's child did not receive alternative education on par with what they could expect to receive in school. There was also service failure in the transfer of records. The Council has agreed to apologise, make a symbolic payment and make service improvements.

Oxfordshire County Council (24 011 571)

Summary: Ms O complained on behalf of Ms X that the Council delayed issuing an education, health and care plan, and failed to provide Ms X's child with suitable full-time education. Ms O said this caused Ms X distress, it took time, had a financial impact, and meant her child missed out on education. We find the Council at fault for delays issuing the plan which caused injustice. The Council has agreed to make a payment to remedy this injustice.

North Yorkshire Council (24 012 719)

Summary: We found fault by the Council on Mrs Y's complaint about its failings when dealing with her request for her son, Z, to have an Education, Health and Care plan. It failed to follow statutory timescales for issuing draft and final plans, failed to do what it agreed at mediation, and failed to issue Amendment Notices on time. There was little communication with her after mediation and it failed to follow its own complaints procedure. The faults caused lost provision as well as distress to Mrs Y. The Council agreed to send her an apology, pay £1,000 for missed provision, £500 for her distress, review procedures, and send relevant staff a reminder about correspondence.

Barnsley Metropolitan Borough Council (24 012 755)

Summary: Mrs B complained the Council delayed in issuing a final Education, Health and Care Plan following an annual review and failed to investigate part of her complaint. We find the Council at fault for a delay in issuing the final amended Education, Health and Care Plan following an annual review and for failing to investigate part of Mrs B's complaint. These faults caused Mrs B and her family uncertainty, distress and frustration. The Council has agreed to apologise to Mrs B, make a symbolic payment and complete service improvements to remedy the injustice caused by the faults identified.

City of Bradford Metropolitan District Council (24 014 454)

Summary: Mr X complained the Council refused to provide home to school transport for his child who has special educational needs and that it failed to follow the appeal process correctly. On the evidence considered the Council was at fault. It failed to properly consider Y's circumstances, to hold a stage one review and to properly record and explain its decision making. This leaves doubt over the decision reached. The Council has agreed to apologise to Mr X for the frustration and uncertainty caused, review Mr X's appeal, review its processes and arrange training for relevant school transport staff and panel members.

Birmingham City Council (24 015 232)

Summary: Ms X complained that the Council delayed issuing her child's final (amended) Education, Health and Care Plan. We found fault causing injustice. The Council had apologised to Ms X but agreed to make a further payment to her to fully remedy the injustice caused.

London Borough of Southwark (24 018 692)

Summary: We will not investigate Mrs X's complaint about the Council's delay in issuing an Education, Health and Care Plan for her son. This is because the Council has apologised and offered a symbolic payment of £550, which is significant for the injustice caused. We cannot investigate Mrs X's concerns about the way the Council reached its decision not to assess her son initially, as she has used her right of appeal, and if Mrs X disagrees with the contents of the final Education, Health and Care Plan issued it would be reasonable for her to appeal.

Sheffield City Council (24 021 877)

Summary: We will not investigate this complaint about alternative educational provision. There is not enough evidence of fault in the way the Council reached its decision that part-time education was sufficient for the child to warrant investigation by us.

North Yorkshire Council (24 015 573)

Summary: We will not investigate Miss X's complaint about the Council's involvement with her children. The law prevents us from investigating anything that is or has been the subject of court proceedings.

Lincolnshire County Council (24 017 667)

Summary: We cannot investigate Mr X's complaint about the Council's Child and Family Assessment report because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that have been considered in court proceedings. We have no discretion to do so.

Kent County Council (24 022 383)

Summary: We will not investigate this complaint about the Council's processing of Mrs X's personal data. This is because these issues are for the Information Commissioner's Office to consider.

Suffolk County Council (24 022 666)

Summary: We will not investigate Mr X's complaint about the Council's involvement with his child. The law prevents us from investigating anything that is or has been the subject of court proceedings.

Manchester City Council (24 022 775)

Summary: We will not investigate Mr X's complaint about the Council's handling of a safeguarding referral about his family. The law prevents us from investigating anything that is or has been the subject of court proceedings. We are also unlikely to find evidence of fault in the Council's action following Mr X's arrest.

Lancashire County Council (24 022 828)

Summary: We will not investigate Mrs X's complaint about the Council's response to her concerns about the care and welfare of her grandchildren. This is because there is no sign of fault in the Council's decision not to accept her complaint because she does not have parental responsibility for the children.

Kirklees Metropolitan Borough Council (25 000 470)

Summary: We will not investigate this complaint about payment of fostering allowances. This is because the complaint is late, and there is no good reason for the delay in complaining to us.

London Borough of Redbridge (24 009 734)

Summary: Mrs X complained the Council failed to consider her son's circumstances when refusing his application for school transport assistance. There is conflicting evidence about whether the Council followed its policy, the Council failed to follow Government guidance and failed to explain its reasoning when writing to Mrs X to tell her its decision. An agreement to carry out a further appeal, apology, payment to Mrs X, changes to the Council's transport policy and reminder to officers is satisfactory remedy.

Essex County Council (24 012 120)

Summary: Dr X complains that the Council failed to ensure her child, Y, received the provision in his Education, Health and Care Plan. We found the Council at fault as the school delayed in putting in place some of the provision in section F of Y's Education, Health and Care Plan. This made it harder for Y to settle into his school and disadvantaged him. The delay also caused distress to Dr X. The Council will remedy this injustice as recommended.

West Berkshire Council (24 013 536)

Summary: Ms B complained that the Council had unreasonably (and at short notice) removed her daughter's bus pass for free transport to school from Ms B's address. Based on current evidence we consider the Council did not properly consider the question of where C's main residence was and has failed to offer an appropriate remedy for the injustice caused to Ms B and C. The Council has now agreed to apologise to Ms B, pay her £1250, consider any new application she submits and improve its procedures for the future.

Devon County Council (24 015 483)

Summary: Miss X complained the Council failed to provide suitable alternative education for her son while he was unable to attend school. She says the Council's actions have caused avoidable distress to herself and her son and has negatively impacted his mental and physical health. We cannot investigate this complaint because Miss X has used her right to appeal to the First-tier Tribunal (Special Educational Needs and Disability). This places the substantive matters outside our jurisdiction.

Staffordshire County Council (24 020 377)

Summary: We have upheld Mrs X's complaint about the Council's delay in providing the provision and support listed in her child's Education, Health and Care plan. The Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

Oxfordshire County Council (24 021 295)

Summary: We cannot investigate Miss X's complaint about free school meals as we cannot investigate how schools provide them.

Worcestershire County Council (24 021 337)

Summary: We will not investigate this complaint about the Council's decision to refuse school transport for the complainant's daughter. There is insufficient evidence of fault on the Council's part to warrant investigation.

Kirkby C Of E School (24 021 727)

Essex County Council (24 022 152)

Summary: We cannot investigate Mrs X's complaint that the Council failed to arrange a suitable school placement or the special educational provision set out in her child's Education, Health and Care Plan. These matters overlap with a SEND Tribunal appeal about her child's Plan.

London Borough of Hillingdon (24 020 919)

Summary: We will not investigate Miss X's complaint about the Council's decision to consider taking child protection action if her partner returned to live in the family home. This is because there is not enough evidence of fault by the Council to warrant an investigation by the Ombudsman.

Warwickshire County Council (24 021 658)

Summary: We will not investigate Miss X's complaint about the Council's handling of a safeguarding referral for her child. We could not add to the Council's investigation and responses under all three stages of the statutory complaints process. We also cannot achieve the outcome she wants.

Kent County Council (24 021 693)

Summary: We will not investigate this complaint about the Council's child protection actions concerning Ms X's family. There is not enough evidence of fault to warrant investigation by us.

Warwickshire County Council (24 022 651)

Summary: We will not investigate Miss X's complaint about the Council's handling of a safeguarding referral for her child. We have already considered some complaints Miss X has raised about this matter. The Council's apologies appropriately remedy the injustice caused for other parts of Miss X's complaint. We could achieve nothing more by investigating.

Surrey County Council (24 023 391)

Summary: We will not investigate Mrs X's complaint about the Council's child protection action as it is unlikely we could significantly add to the Council's replies to her complaint.


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