Buckinghamshire Council (24 006 236)

Statement Upheld Alternative provision 18-Feb-2025

Summary: Mrs X complains the Council has failed to make Section 19 Alternative Provision for her son, Y, while he was unable to attend school. Mrs X also says the Council failed to issue his Education, Health and Care Plan within the statutory timescale. As a result, Mrs X says his education and welfare have suffered. We have found fault in the Council’s actions for failing to issue Y’s Education, Health and Care Plan within the statutory timescale. The Council has agreed to apologise to Mrs X and pay a financial remedy.

Worcestershire County Council (24 015 508)

Statement Closed after initial enquiries Alternative provision 18-Feb-2025

Summary: We will not investigate Ms X’s complaint her child has not received a full-time education since 2022. The early part of the complaint is late and there is no good reason to exercise discretion to investigate. There is not enough evidence of fault in how the Council has provided support since the start of 2024.

Walsall Metropolitan Borough Council (24 006 640)

Statement Upheld Alternative provision 17-Feb-2025

Summary: the Council accepted it failed to provide Ms M’s son, B, with suitable education from February 2023 until he started at a special school in February 2024. The Council also took too long to issue B’s education, health and care (EHC) plan. The Council has agreed to make a symbolic payment for the injustice caused.

Portsmouth City Council (24 016 006)

Statement Closed after initial enquiries Alternative provision 16-Feb-2025

Summary: We will not investigate this complaint that the Council has failed to acknowledge that the complainant is providing his child with suitable education and has failed to answer questions he has put to it. This is because we cannot achieve the outcome the complainant is seeking.

Bolton Metropolitan Borough Council (23 014 062)

Statement Upheld Alternative provision 14-Feb-2025

Summary: Miss X complained her daughter had been unable to attend school since October 2022 with no suitable alternative provision provided. Miss X said there had been delays in the education, health and care plan process. She also said the Council’s communication had been poor. We find the Council was at fault. This caused significant distress to Miss X and her daughter. We make several recommendations to address this injustice caused by fault.

Birmingham City Council (24 005 620)

Statement Upheld Alternative provision 14-Feb-2025

Summary: Miss X complained the Council failed to ensure her son, Y received an education after he stopped attending school in June 2023. The Council failed to consider at the time whether it owed Y a Section 19 duty to put alternative provision in place. It also delayed completing Y’s Education, Health and Care needs assessment by 14 weeks which delayed Miss X’s right of appeal to the SEND tribunal. The Council agreed to apologise to Miss X and make payments to acknowledge the distress and uncertainty caused. It also agreed to carry out service improvements.

London Borough of Bromley (24 006 466)

Statement Upheld Alternative provision 13-Feb-2025

Summary: There was fault in the way the Council considered whether it had a duty to provide alternative education when a child stopped attending their school. During this investigation the Council has offered a suitable remedy for the injustice caused to Ms X and her child. This offer, and our recommended service improvements, are a satisfactory resolution to the complaint.

North Yorkshire Council (24 015 758)

Statement Closed after initial enquiries Alternative provision 13-Feb-2025

Summary: We will not investigate this complaint that the Council is at fault in failing to make suitable alternative educational provision for the complainant’s son. This is because there is insufficient evidence of fault on the Council’s part to warrant investigation.

Hertfordshire County Council (24 015 369)

Statement Closed after initial enquiries Alternative provision 08-Feb-2025

Summary: We cannot investigate this complaint that the Council has failed to provide the complainant’s daughter with suitable alternative educational provision and has failed to secure the delivery of the provision set out in her Education Health and Care plan. This is because the complainant has used her right to appeal to the First-tier Tribunal (Special Educational Needs and Disability, and this places the complaint outside our jurisdiction.

Essex County Council (24 003 512)

Statement Upheld Alternative provision 06-Feb-2025

Summary: Miss X complains the Council did not deal with her daughter’s education properly. The Council did not make full educational provision and did not communicate with Miss X effectively. Miss X suffered avoidable distress and her daughter lost educational provision. The Council should pay Miss X £5,750.