Devon County Council (24 016 407)

Statement Upheld Special educational needs 18-Mar-2025

Summary: We will not investigate Mrs X’s complaint about the Council failing to respond to her communication and concerns about how it was dealing with her son’s education, health, and care plan. This is because the fault did not cause any significant injustice. In addition, the Council agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused by its failure to send emails directly.

Lancashire County Council (24 017 617)

Statement Upheld Special educational needs 18-Mar-2025

Summary: We have upheld Ms X’s complaint about the Council’s delay in completing her child’s Education, Health and Care needs assessment. The Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

Lancashire County Council (24 006 256)

Statement Upheld Special educational needs 17-Mar-2025

Summary: Mrs B complained that the Council failed to deliver provisions in her child’s Education, Health and Care Plan. We found fault in the actions of the Council which caused Mrs B distress and her child to miss out on educational provision. The Council has agreed to pay Mrs B £300 for her own injustice and £1300 for the benefit of C’s education.

Hertfordshire County Council (24 006 445)

Statement Upheld Special educational needs 17-Mar-2025

Summary: Mrs B complained that the Council had not ensured that her daughter received the specialist occupational therapy set out in her Education Health and Care Plan. There was fault by the Council. It has not provided the therapy and has not communicated with Mrs B about this properly. This has caused Mrs B distress and frustration and means her daughter has missed out on the provision she needs to support her at school. The Council has agreed to make symbolic payments to Mrs B, and share an action plan as to how it will make sure K gets the therapy she is entitled to.

Bournemouth, Christchurch and Poole Council (24 007 678)

Statement Upheld Special educational needs 17-Mar-2025

Summary: Ms X complained the Council failed to complete the actions it agreed in mediation in relation to her daughter Y’s Education, Health and Care Plan. Ms X also complained the Council failed to provide a full-time education for Y since September 2022 and did not communicate with her properly. The Council was at fault and as a result Ms X was caused frustration and uncertainty and Y missed out on two terms of special educational provision. The Council will apologise to Ms X and pay her £5,300 to recognise the injustice caused to them both and provide evidence it has improved its service.

London Borough of Bexley (23 019 836)

Statement Upheld Special educational needs 17-Mar-2025

Summary: There was fault by the Council which failed to secure some of Y’s special educational provision, failed to complete his annual review and delayed reviewing his personal budget. This caused avoidable confusion and a loss of educational provision. The Council will apologise and make payments to reflect the injustice.

Wigan Metropolitan Borough Council (24 015 443)

Statement Upheld Special educational needs 17-Mar-2025

Summary: We have upheld Mrs X’s complaint because the Council’s financial remedy for her child’s missed education was not sufficient. The Council has now agreed to resolve the complaint by proving a proportionate remedy for the injustice it caused.

London Borough of Camden (24 016 681)

Statement Upheld Special educational needs 17-Mar-2025

Summary: We will not investigate this complaint about the Council’s handling of an Education Health and Care Plan transfer. Further investigation would not lead to a different outcome.

Birmingham City Council (24 007 759)

Statement Upheld Special educational needs 14-Mar-2025

Summary: Mr X complained the Council has not completed the annual review for his son, Y. He also complained the Council has not funded Y’s Education, Health and Care plan provision. Mr X said this has distressed him and impacted him financially. There was fault in the way the Council did not complete annual reviews within timescales and delayed responding to Mr X’s complaint. This distressed Mr X and frustrated his right of appeal to the Tribunal. The Council has agreed to apologise and make a financial payment.

Wirral Metropolitan Borough Council (24 009 040)

Statement Upheld Special educational needs 14-Mar-2025

Summary: Mr X complained the Council delayed reviewing his child’s Education, Health and Care Plan and failed to provide suitable education for his child. I found the Council delayed for 12 months in reviewing Mr X’s child’s Education, Health and Care Plan. I also found the Council failed to properly consider its Section 19 duty to provide alternative provision of education from 7 February 2024 to the end of the academic year 2023/2024. This caused distress and frustration to Mr X and potential lost educational provision for his child. The Council has agreed to apologise to Mr X, pay him £500 for the distress and frustration caused and £1,450 for his child’s potential missed education.