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Statement Upheld Special educational needs 10-Sep-2024
Summary: Mrs X complains about the Council’s handling of her sons’ Education, Health and Care Plans after they moved into the Council’s area in summer 2023. She says that as a result her sons missed education and essential Special Education Support that they were entitled to. We found the Council was at fault for the delay in finalising the transfer process and for not keeping Mrs X informed about the progress of her complaint. The Council agreed to our recommendations on how to address the injustice its actions caused the family.
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Luton Borough Council (23 016 281)
Statement Upheld Looked after children 10-Sep-2024
Summary: Mr X complained on behalf of Mr O and Mr P that the Council failed to investigate their complaint through the statutory complaints procedure. Mr X said the Council has failed to provide answers to their complaints, and it has caused unnecessary and avoidable distress. We find the Council at fault, and this caused injustice. The Council has agreed to investigate Mr O and Mr P’s complaint through the statutory complaints procedure without delay.
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Cheshire East Council (23 005 368)
Statement Upheld Other 10-Sep-2024
Summary: Mrs K complained the Council and the Integrated Care Board (ICB) stopped paying for Miss D’s housing costs when the property changed to supported housing. She said this resulted in
Miss D depleting her savings because she had to pay rent and incurring legal charges as she had to seek specialist legal advice. We found fault in the way the Council and the ICB decided to stop paying for Miss D’s housing costs as her accommodation should have been provided without charge in line with the terms of the Mental Health Act 1983. The legal fees she owes could have been avoided were it not for the faults. The Council and the ICB have agreed to our recommendations and will repay Miss D over £59,000 she paid for rent plus interest and pay her avoidable legal fees. They will also improve their processes and determine if others have been affected in a similar way. -
NHS Cheshire and Merseyside ICB (23 005 368a)
Statement Upheld Mental health services 10-Sep-2024
Summary: Mrs K complained the Council and the Integrated Care Board (ICB) stopped paying for Miss D’s housing costs when the property changed to supported housing. She said this resulted in
Miss D depleting her savings because she had to pay rent and incurring legal charges as she had to seek specialist legal advice. We found fault in the way the Council and the ICB decided to stop paying for Miss D’s housing costs as her accommodation should have been provided without charge in line with the terms of the Mental Health Act 1983. The legal fees she owes could have been avoided were it not for the faults. The Council and the ICB have agreed to our recommendations and will repay Miss D over £59,000 she paid for rent plus interest and pay her avoidable legal fees. They will also improve their processes and determine if others have been affected in a similar way. -
NHS Cheshire and Merseyside ICB (23 005 368b)
Statement Upheld Mental health services 10-Sep-2024
Summary: Mrs K complained the Council and the Integrated Care Board (ICB) stopped paying for Miss D’s housing costs when the property changed to supported housing. She said this resulted in
Miss D depleting her savings because she had to pay rent and incurring legal charges as she had to seek specialist legal advice. We found fault in the way the Council and the ICB decided to stop paying for Miss D’s housing costs as her accommodation should have been provided without charge in line with the terms of the Mental Health Act 1983. The legal fees she owes could have been avoided were it not for the faults. The Council and the ICB have agreed to our recommendations and will repay Miss D over £59,000 she paid for rent plus interest and pay her avoidable legal fees. They will also improve their processes and determine if others have been affected in a similar way. -
Leicestershire County Council (23 012 131)
Statement Upheld Assessment and care plan 10-Sep-2024
Summary: Mr X complains the Council is failing to meet his son’s, Mr Q’s, needs for care and support. The Council accepts it took too long to reassess his needs, the assessment contained inaccuracies, the draft care and support plan lacked clarity and it changed his personal budget without giving four weeks’ notice. The Council has apologised for the delay and the inaccuracies but not the lack of clarity or the lack of notice. The Council accepts the need to reassess Mr Q’s needs based on his current circumstances. The Council needs to provide a more detailed apology, acknowledging the contribution its failings have had on the poor relationship with the family. It also needs to make a symbolic payment to Mr Q for the distress caused by the lack of notice.
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Suffolk County Council (23 013 678)
Statement Upheld Special educational needs 10-Sep-2024
Summary: Ms M complains the Council has not arranged the specialist occupational therapy in her daughter G’s December 2021 Education, Health and Care (EHC) Plan, and has not reviewed the Plan. The Council offered payments for the missed provision and recognises the need to review the Plan. The Council has contacted a therapist identified by Ms M to arrange the provision.
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Derbyshire County Council (23 017 942)
Statement Upheld Special educational needs 10-Sep-2024
Summary: Mrs X complained the Council delayed issuing an Education, Health and Care Plan for her daughter. She also complained the Council did not provide adequate provision while it reviewed the plan, delayed paying invoices and delayed providing a personal budget. Mrs X says the Council’s actions caused avoidable distress and prevented her daughter from accessing education. We found fault by the Council. The Council has agreed to provide an apology and a financial remedy, and to provide evidence of the steps it is taking to improve its service.
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North Northamptonshire Council (23 018 564)
Statement Upheld Special educational needs 10-Sep-2024
Summary: Mr X complained the Council delayed in providing education for his son, Y when Y moved to live with him in the Council’s area. The Council delayed three months in providing education and specialist educational provision to Y when it became responsible for his Education, Health and Care (EHC) Plan in December 2022. Y missed out on education and special educational provision for three months and Mr X was caused frustration and distress. The Council will apologise and make a payment of £2,600 to Mr X for the injustice caused to him and Y and remind relevant staff of its duties to children transferring to its area with an EHC Plan.
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Isle of Wight Council (23 018 644)
Statement Upheld Other 10-Sep-2024
Summary: Mrs X complained the Council stopped paying her the Special Guardianship Order (SGO) allowance. She said this caused her distress and impacted her financially. There was fault in the way the Council delayed completing its stage one response. This frustrated Mrs X. The Council will apologise and repeat its offer of completing the statutory process.