Derbyshire County Council (24 017 437)

Statement Upheld Alternative provision 27-Jul-2025

Summary: Mrs X complained the Council failed to ensure her son P and daughter R received suitable education and special educational needs support, after the family moved to the Council’s area. The Council failed to pay a financial remedy it promised Mrs X for education P and R missed in a previous school year; the Council agreed to now pay this. Fault by the Council also meant R missed education and special educational needs support in the next school year, Mrs X experienced avoidable time and trouble complaining, and the whole family experienced distress. The Council agreed to apologise and pay a financial remedy. It will also properly consider what education is suitable for R, and act to ensure it does not miss complaints and properly completes agreed complaint outcomes. I could not investigate parts of Mrs X’s complaint that were not the responsibility of the Council. I also could not consider issues which overlapped with an appeal she made to the First-tier Tribunal (Special Educational Needs and Disability) about P’s Education, Health, and Care Plan.

West Berkshire Council (25 001 850)

Statement Closed after initial enquiries Alternative provision 25-Jul-2025

Summary: We will not investigate this complaint that the Council has failed to make alternative educational provision for the complainant’s son while he cannot attend school. This is because there is insufficient evidence of fault on the Council’s part to warrant investigation.

Wigan Metropolitan Borough Council (24 016 967)

Statement Upheld Alternative provision 23-Jul-2025

Summary: Ms X complained the Council failed to provide suitable education for her child following their exclusion from school in November 2022. We found fault with the Council delaying putting in place alternative provision of education from 12 September 2023 until 25 September 2023. The Council agreed to apologise to Ms X and pay her £200 in recognition of for her child’s missed education.

North Yorkshire Council (25 002 850)

Statement Upheld Alternative provision 23-Jul-2025

Summary: Miss X complained about the Council’s failure to ensure suitable education for her daughter (B) when she was out of school. We found fault in the way the Council discharged its Section 19 duty towards B. The Council’s fault caused injustice to Miss X as she paid for some provision for B and was distressed at the lack of the Council’s support. The Council has agreed to apologise and make payments to refund Miss X’s cost of arranging educational provision for B between March and June 2024 and to recognise her distress. In recent complaints we have recommended relevant service improvements, which we will monitor.

Wirral Metropolitan Borough Council (24 018 036)

Statement Upheld Alternative provision 21-Jul-2025

Summary: Miss E complained she had been asking the Council for years to provide her with an education, including a package of education out of school. The Council kept ignoring her. It delayed its complaint response. We uphold the complaint. Because of the fault Miss E did not receive the contents of her Education, Health and Care Plan. The Council has agreed to apologise and make Miss E a symbolic payment.

North Northamptonshire Council (24 005 627)

Statement Upheld Alternative provision 17-Jul-2025

Summary: The Council was at fault as it failed to provide a suitable alternative provision for Miss X’s child from January 2023 to November 2024, and it poorly communicated and handled her complaint. It was not at fault for making a safeguarding referral. The Council will apologise and make payments to Miss X to recognise the injustice caused by the loss of education and its poor communication and complaint handling. The Council will also remind staff of its duties to consider the alternative provision duty properly to prevent reoccurrence.

North Yorkshire Council (24 012 152)

Statement Upheld Alternative provision 15-Jul-2025

Summary: Mrs X complained the Council failed to ensure her child D received suitable alternative education when they were out of school. The Council was not at fault in how it considered its duty to provide alternative education to D. However, it accepted it delayed in reviewing D’s Education, Health, and Care Plan, and responding to Mrs X’s complaint, which caused her distress, time, and trouble. The Council apologised and offered a financial remedy. Following our investigation, it agreed to go further to remedy the injustice caused, by paying an increased financial remedy. It will also report to its relevant oversight committee about how it will address its complaints backlog.

Kingston Upon Hull City Council (24 012 465)

Statement Upheld Alternative provision 15-Jul-2025

Summary: Mr and Mrs X complained the Council delayed providing their child, Y with an education placement or an appropriate education following an Education, Health and Care (EHC) Plan review in 2023. The Council was at fault. It failed to keep oversight of Y’s education or decide whether alternative provision was appropriate when they were out of school. It then failed to ensure Y could attend their named placement in the EHC Plan. It meant Y went without education for three terms. The Council also failed to issue an amended EHC Plan naming a post-16 placement in Y’s phase transfer year. The Council agreed to apologise and make payments to Mr and Mrs X and Y to recognise the impact on Y’s education and the distress and uncertainty caused.

Surrey County Council (24 014 876)

Statement Not upheld Alternative provision 14-Jul-2025

Summary: Ms X complained about the Council’s failure to provide her child, Y, with a suitable education when he was unable to attend school. We did not find the Council was at fault because it was satisfied with action taken by the school to reintegrate Y back to school during the time we were able to investigate. We did not investigate what happened from April 2024 because Ms X appealed to the SEND Tribunal.

Birmingham City Council (24 013 203)

Statement Upheld Alternative provision 08-Jul-2025

Summary: The Council was at fault in how it decided whether to arrange alternative education provision for Mrs X’s child, W. This caused Mrs X frustration, uncertainty and frustration and meant W missed out on two terms of provision. To remedy their injustice, the Council will pay Mrs X a total of £1350 and apologise to her. It will also issue a reminder and clarification to staff so the fault does not happen again.