Tameside Metropolitan Borough Council (24 000 621)

Report Upheld Special educational needs 19-Feb-2025

Summary: Mrs A complained the Council failed to complete reviews of her children’s Education, Health and Care (EHC) Plans within the statutory timescales. Mrs A says this has resulted in her children not receiving up-to-date provision to meet their educational and social care needs. Mrs A also complained the Council failed to complete EHC Plan reviews in the statutory timescales for over a thousand other children.

Somerset Council (23 017 883)

Report Upheld Special educational needs 22-Jan-2025

Summary: Mrs X complained about the Council’s failure to release funds for her family to access specialist provision in Section F of their children’s Education, Health and Care (EHC) Plans. She also complained the Council failed to respond to requests, provided incorrect information and that its complaint handling was poor. Mrs X says she suffered anxiety and frustration, and her children’s placement was at risk due to them not being able to access the specialist provision.

Warwickshire County Council (24 002 335)

Statement Upheld Special educational needs 21-Jan-2025

Summary: Mrs X complained the Council failed to deliver the social care support in Section H of her child’s Education, Health and Care Plan. The Council has accepted fault for failing to deliver this provision. The Council agreed to pay Mrs X the equivalent cost of the 6 hours of Personal Assistant Section H provision missed from 7 July 2020 to January 2024, excluding during the Covid-19 pandemic national lockdown from 6 January 2021 to 8 March 2021. The Council also agreed to pay Mrs X the equivalent cost of the 2 days per week for 8 weeks of the year playscheme Section H provision missed from 7 July 2020 to 31 March 2022. And, the Council agreed to apologise to Mrs X and pay her £1,000 for the risk of harm to Y through the failure to secure this Section H Education, Health and Care Plan provision and £500 for the time and trouble caused.

Royal Borough of Windsor and Maidenhead Council (24 007 224)

Statement Upheld Special educational needs 21-Jan-2025

Summary: Mrs X complained the Council failed to provide her child Y who is a young adult, with the special education provision set out in their EHC Plan. The Council was at fault as it failed to provide the provision set out in Y’s Plan and failed to review the Plan before deciding to cease it. The Council has agreed to apologise and make a payment to Mrs X to acknowledge the impact on Y and the distress, uncertainty and frustration caused to her. It has also agreed to issue reminders to officers to prevent a recurrence of the fault and review its procedures to ensure reviews are held in a timely manner when a placement has ended.

Bath and North East Somerset Council (24 008 124)

Statement Upheld Special educational needs 21-Jan-2025

Summary: There was a delay of twelve weeks issuing Y’s final Education, Health and Care Plan and a delay in responding to a request for social care advice which caused avoidable frustration and a delay in appeal rights. The Council has apologised, which is a partial remedy. The Council will make a symbolic payment of £250 and a payment of £900 to reflect the loss of a term of special educational provision. There was no fault in the Council sending an additional complaint response at stage one, because this is in line with its policy.

Rochdale Metropolitan Borough Council (24 012 827)

Statement Closed after initial enquiries Special educational needs 21-Jan-2025

Summary: We will not investigate Miss X’s complaint about her son’s Education, Health and Care Plan. Miss X appealed to the First-tier Tribunal (Special Educational Needs and Disability) and so the case is outside our jurisdiction.

Hampshire County Council (24 013 025)

Statement Closed after initial enquiries Special educational needs 21-Jan-2025

Summary: We will not investigate this complaint that the Council has failed to provide suitable education provision for Mrs X’s son. This is because the issue is not separable from Mrs X’s right of appeal to a tribunal, which it was reasonable for her to have used. Other matters are late.

Essex County Council (24 016 298)

Statement Upheld Special educational needs 21-Jan-2025

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 (24 015 722)

Statement Upheld Special educational needs 21-Jan-2025

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.

London Borough of Newham (24 016 622)

Statement Closed after initial enquiries Special educational needs 21-Jan-2025

Summary: We will not investigate Mrs X’s complaint about the Council’s refusal to carry out an Education, Health and Care Needs Assessment for her child. This is because it is reasonable for Mrs X to appeal to a tribunal.