A weekly update on children and education complaint decisions

Summary: Mrs C complained the Council failed to find her son (X) a suitable school placement for the 2022/2023 academic year and failed to accept an offer from her preferred placement for the following year. We found the Council caused a delay and a service failure to find a school placement for X. It was also at fault for the delay in arranging suitable alternative provision for X. However, it did not fail to accept Mrs Cs preferred school. The Council will apologise and make to payment Mrs C for the injustice this cause her and X.

Summary: Mrs X complains the Council failed to issue an amended Education, Health and Care Plan (EHCP) and carry out assessments ordered by the SEND Tribunal. We find fault with the Council for delay causing Mrs X frustration and distress. We have recommended an apology and payment for Mrs X, and for the Council to complete a carers assessment.

Summary: Ms X complained the Council failed to properly remedy special educational needs support her son Y missed out on and about delays amending his education health and care plane. Based on the information we have seen there was fault in how the Council failed to properly remedy the support Y missed due to delays in issuing his first education health and care plan and further delays in amending his plan in June 2023. The Council agreed to apologise to Ms X for the further delays and pay a financial remedy to recognise the support Y missed.

Summary: Mrs X complained the Council did not provide an appropriate remedy when it upheld her complaints about delays in issuing her sons Education, Health and Care plan and a lack of alternative education provision. Mrs X also complained the Council does not accept privately commissioned reports as part of its assessments and that it delayed responding to her complaint. She says the Councils actions caused avoidable distress to her son and her family. We found fault by the Council. The Council has agreed to provide an apology and a financial remedy and to implement several learning outcomes.

Summary: We will not investigate this complaint about the education provided to the complainants son. There are no good reasons the late complaint rule should not apply.

Summary: We will not investigate this complaint about an unsuccessful appeal for a school place. This is because there is not enough evidence of fault.

Summary: We will not investigate this complaint about the Council ending a special guardianship payment after Mr Xs child turned18. There is not enough evidence of fault by the Council to warrant investigation.

Summary: We will not investigate this complaint about the actions of the Councils childrens services. This is because we could not add to the investigation carried out by the Council and because other agencies are better placed to consider some of the issues raised.

Summary: We cannot investigate Mr Xs complaint about the contents of a report the Council submitted to the court because it lies outside our jurisdiction. The law prevents us from considering complaints about matters that have been considered in court proceedings.

Summary: We will not investigate this complaint about the Councils failure to safeguard Mr Xs child. The matter is for the courts, as the central matter Mr X wishes to challenge is a decision made by the other person with parental responsibility for the child.

Summary: Miss X complains the Council has not dealt with child protection concerns properly. The Council is not at fault.