Kirklees Metropolitan Borough Council (21 015 948)

Statement Closed after initial enquiries Other 03-Mar-2022

Summary: We cannot investigate this complaint about the Council’s practices regarding the provision of halal food in schools. This is because the law prevents us from investigating complaints about what happens in schools.

Devon County Council (21 006 860)

Statement Upheld Special educational needs 02-Mar-2022

Summary: Mr X complained the Council failed to ensure his son (Y) received an adequate fulltime education from September 2020 as set out in his EHC Plan. He also said Y was wrongly excluded from accessing his designated safe space within his school. The Council said some provision was provided, but agreed it failed to ensure Y received all the agreed provision. It apologised and made payment to Mr X. It did not agree Y had been discriminated against. We found the Council had considered its equality duty, but its faults also caused Mr X and his family distress. The Council agreed apologise and make payment to acknowledge the injustice caused.

Durham County Council (21 008 663)

Statement Upheld School transport 02-Mar-2022

Summary: Mr X complained that the Council failed to provide suitable home to school transport. There was no fault in the Council’s decision making. It offered Mr X’s child a door-to-door taxi, which was suitable for the child’s needs. The Council was not legally required to offer transport that fitted around Mr X’s work or the family’s arrangements for their other children to get to school. There was some fault in the Council’s complaint handling for which it has offered Mr X a suitable time and trouble payment.

Warwickshire County Council (21 016 300)

Statement Closed after initial enquiries Other 02-Mar-2022

Summary: We will not investigate Mr and Mrs X’s complaint about the Council issuing fixed penalty notices for school non-attendance. This is because it does not meet the tests in our Assessment Code on how we decide which complaints to investigate. It is reasonable to expect them to have defended any claim made against them in the Magistrates Court.

Kent County Council (21 002 304)

Statement Not upheld Covid-19 02-Mar-2022

Summary: We did not uphold Mrs X’s complaint about an unsuccessful school appeal for her daughter. There was no fault in the Council’s decision to hold appeals based on written submissions and the appeal panel took account of the evidence Mrs X provided.

Kent County Council (21 002 352)

Statement Upheld Covid-19 02-Mar-2022

Summary: We upheld part of Mrs X’s complaint about an unsuccessful school appeal for her son. There was no fault in the Council’s decision to hold appeals based on written submissions or in how the panel considered the evidence Mrs X provided. However, there was fault in the decision letter following the appeal. While this did not cause Mrs X an injustice, the Council has agreed take action to prevent future injustice to others.

Kent County Council (21 016 642)

Statement Closed after initial enquiries School admissions 01-Mar-2022

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 for us to question the panel’s decision.

Liverpool City Council (21 016 895)

Statement Closed after initial enquiries School admissions 01-Mar-2022

Summary: The Ombudsman will not investigate Mr X’s complaint about an unsuccessful appeal for a school place. This is because there is not enough evidence of fault by the panel, and so we cannot question the merits of its decision.

London Borough of Richmond upon Thames (20 006 315)

Statement Upheld Special educational needs 01-Mar-2022

Summary: the complainant, Mrs X, complained the Council failed to properly manage the education provided for her son Y leading to delay in the right to appeal an EHC Plan and discuss possible funding for alternative provision. The Council accepted it failed to act without delay, apologised and offered a remedy. We found the Council at fault causing injustice for which the Council will apologise and pay £1,500.

Kent County Council (21 002 769)

Statement Upheld Special educational needs 01-Mar-2022

Summary: Dr X complained about how the Council prepared and issued Z’s Education, Health and Care plan. The Council delayed issuing the plan and failed to effectively communicate with Dr X about the progress of Z’s assessment. This caused Dr X and Z avoidable frustration and uncertainty. The Council agreed to make a payment to Dr X and to make service improvements to prevent the fault occurring again.