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Lancashire County Council (22 018 237)
Statement Closed after initial enquiries Child protection 25-Apr-2023
Summary: We will not investigate this complaint about child protection measures. The Council has begun pre-proceedings with the aim of commencing court proceedings when Miss X’s child is born. Considering the complaint now would prejudice those proceedings.
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West Northamptonshire Council (23 000 066)
Statement Closed after initial enquiries Child protection 25-Apr-2023
Summary: We cannot investigate this complaint about the Council removing Miss X’s children. This matter is one that has been subject to court proceedings or could only be decided by a court.
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Lancashire County Council (22 014 976)
Statement Upheld Fostering 25-Apr-2023
Summary: There was fault by the Council in the delays paying Miss X her fostering allowances, and then further delays in resolving her concerns after the Council paid her. The delays caused Miss X distress because she incurred unnecessary expense and then time and trouble in following this up with the Council. The Council has already apologised for the delays in her payment, and it has agreed to pay Miss X a financial remedy to fully recognise her injustice.
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Kent County Council (22 018 092)
Statement Closed after initial enquiries Child protection 24-Apr-2023
Summary: We cannot investigate this complaint about the Council’s response to concerns about the welfare of the complainant’s daughter. This is because the complaint concerns matters which are not separable from matters considered in court.
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London Borough of Hounslow (22 011 987)
Statement Not upheld Looked after children 24-Apr-2023
Summary: Mr X complained about his dealings with the Council as a care leaver. The Council accepted the findings and recommendations of the three-stage statutory children’s complaints process where most of Mr X’s complaints were upheld. I cannot add to what has already been said. I cannot resolve a dispute about what was said by a social worker in a telephone conversation two and a half years ago which Mr X says led to the termination of his employment.
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Cumbria County Council (22 015 280)
Statement Upheld Other 24-Apr-2023
Summary: We have upheld this complaint because the Council delayed considering a complaint under the children’s statutory complaints procedure. The Council has now agreed to resolve the complaint by completing a stage two investigation without delay and offering to make a payment to the complainant to remedy the time and trouble they have been too.
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Lancashire County Council (22 018 122)
Statement Closed after initial enquiries Child protection 23-Apr-2023
Summary: We will not investigate Miss X’s complaint. This is because an investigation by this office could not add to the Council’s complaint response which explains the ongoing care proceedings need to conclude before it can consider her complaint.
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Devon County Council (22 016 670)
Statement Closed after initial enquiries Disabled children 23-Apr-2023
Summary: We will not investigate this complaint about the Council’s decision that Ms X’s child Y does not qualify for a Blue Badge. This is because we would be unlikely to find fault with the Council’s way the Council made its decisionactions.
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Kingston Upon Hull City Council (22 016 503)
Statement Closed after initial enquiries Fostering 23-Apr-2023
Summary: We will not investigate Mr X’s complaint about the Council delaying in informing him of a potential safeguarding risk. There is not enough significant injustice to warrant our investigation.
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East Sussex County Council (22 017 867)
Statement Closed after initial enquiries Other 23-Apr-2023
Summary: We will not investigate this complaint about the assessment written by the Council concerning Mr X’s family and its alleged bias against him. Investigation by us would not achieve the outcome Mr X is seeking, of a fresh assessment and different recommendations for contact with his children. Mr X has a right to go to court to seek changes to contact arrangements it would be reasonable to use as only a court could deliver the outcome he is seeking.
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Nottinghamshire County Council (22 017 761)
Statement Closed after initial enquiries Child protection 23-Apr-2023
Summary: We will not investigate this complaint about court proceedings several years ago. The law prevents us considering what happened in court.
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Kent County Council (22 013 930)
Statement Not upheld Disabled children 23-Apr-2023
Summary: Miss X complained the Council has failed to properly consider an application she made for a blue badge for her son. She said without a blue badge, it limits the opportunities he has to access the community. The Ombudsman does not find fault in the Council’s actions.
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Birmingham City Council (22 018 051)
Statement Closed after initial enquiries Child protection 20-Apr-2023
Summary: We will not investigate this complaint about a report for a child protection conference because we would not add anything to the findings of the investigation the Council has already carried out.
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Nottingham City Council (22 017 412)
Statement Closed after initial enquiries Other 20-Apr-2023
Summary: We will not investigate this complaint about the Council’s involvement with the complainant’s family and the care arrangements of his child. This is because the matter is subject to ongoing court proceedings, and we are unable to achieve the outcome the complainant seeks.
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South Tyneside Metropolitan Borough Council (22 011 180)
Statement Upheld Child protection 20-Apr-2023
Summary: Mr X complained the Council failed to follow the correct process when it received untrue allegations against him. The Council failed to communicate with Mr X, its response has sought to remedy this and limit any further injustice.
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Wakefield City Council (23 000 553)
Statement Closed after initial enquiries Friends and family carers 19-Apr-2023
Summary: We cannot investigate this complaint about the family contact arrangements for Miss X’s grandchild. The matter complained of is not separable from matters that have formed part of court action, or where it would be reasonable to go to court.
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Birmingham City Council (23 000 608)
Statement Upheld Child protection 19-Apr-2023
Summary: We will not investigate this complaint about serious child protection failings by the Council when Mr X was a child. The Council has already accepted the full complaint of several serious failings over a long period, and that its complaint handling was inadequate. It has offered a remedy similar to that we would have recommended had we investigated and upheld the same matters. Investigation by us would therefore be unlikely to lead to a different outcome, or to a significant sum of compensation, which would be for a court to determine.
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Sheffield City Council (22 017 579)
Statement Closed after initial enquiries Other 19-Apr-2023
Summary: We cannot investigate Mr X’s complaint about information the Council provided to the court in care proceedings because it lies outside our jurisdiction. The law prevents us from considering complaints about matters that have been considered in court.
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Herefordshire Council (22 017 902)
Statement Closed after initial enquiries Other 19-Apr-2023
Summary: We will not investigate this complaint about a breach of confidentiality because another body is better placed to do so. We will not investigate whether the Council failed to provide appropriate support for the complainant’s child because it is unlikely we would find fault on the Council’s part.
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North East Lincolnshire Council (22 017 673)
Statement Closed after initial enquiries Looked after children 19-Apr-2023
Summary: We will not investigate this complaint about the Council’s involvement with Mr X’s children. There are ongoing court proceedings, after which it is open to Mr X to complain to the Council then to the Ombudsman.
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Cornwall Council (22 006 660)
Statement Not upheld Child protection 19-Apr-2023
Summary: There was no fault in how the Council dealt with concerns Mr B raised about his children. It considered each allegation and decided what, if any, action to take. Although Mr B is unhappy with the Council’s decision-making, we cannot question it – as we have no power to question decisions made without fault.
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Wakefield City Council (22 009 577)
Statement Upheld Other 19-Apr-2023
Summary: Mrs X complains about the Council’s handling of a complaint she raised on behalf of her two children, Y and Z, investigated under the children’s statutory complaints procedure. The Council is at fault. It has agreed to re-take the best interest decision related to Z, pay Mrs X £600 in recognition of the distress caused to her and Y by lost unsupervised family time and improve its services.
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Westminster City Council (22 017 274)
Statement Closed after initial enquiries Special educational needs 25-Apr-2023
Summary: We will not investigate this complaint that the Council failed to provide a child with a full-time education placement. This is because the complaint is made late and I see no good reason why it could not have been made sooner.
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Devon County Council (22 018 182)
Statement Closed after initial enquiries Other 25-Apr-2023
Summary: We cannot investigate Mr B’s complaint about Adult Learning Centres. This is because it is not within the jurisdiction of the Ombudsman to investigate.
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Buckinghamshire Council (22 017 611)
Statement Upheld Special educational needs 25-Apr-2023
Summary: We will not investigate this complaint about the Council’s failure to complete an annual review of Mrs X’s son’s Education, Health, and Care plan within the statutory timescales, and of poor communication and delays regarding her request for a personal budget. This is because an investigation would not lead to a different outcome.
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Buckinghamshire Council (22 017 527)
Statement Closed after initial enquiries Special educational needs 25-Apr-2023
Summary: We will not investigate this complaint about the educational provision for Miss X’s child. This is because Miss X appealed to a tribunal and so the complaint is not one we can consider.
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Derbyshire County Council (22 007 781)
Statement Upheld Special educational needs 25-Apr-2023
Summary: There was fault in the Council failing to provide Miss X’s son suitable alternative education while he was not in school. This has caused Miss X an injustice because she now has the uncertainty of how this has impacted her son’s education. The Council has already apologised for this and has agreed to pay Miss X a financial remedy to recognise her injustice.
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Bury Metropolitan Borough Council (22 008 174)
Statement Upheld Special educational needs 25-Apr-2023
Summary: The complainant alleged that the Council had delayed in issuing her son’s Education, Health and Care Plan, had failed to provide alternative education when he was out of school on medical grounds and failed to carry out an annual review properly. We find that the Council has been at fault causing the complainant and her son an injustice. We have recommended ways to remedy this, which the Council has accepted. We have therefore completed our investigation and are closing the complaint.
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London Borough of Bexley (22 010 138)
Statement Upheld Alternative provision 25-Apr-2023
Summary: Miss Y complains her son, W, has been out of school for more than one year and the Council has failed to arrange alternative provision for him. In our view, the Council acted with fault because some of the decisions it made were not in accordance with the legislation or statutory guidance. The Council has agreed to review W’s case, make a payment to him and Miss Y and implement the service improvements listed at the end of this statement.
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Royal Borough of Windsor and Maidenhead Council (22 013 361)
Statement Upheld Special educational needs 25-Apr-2023
Summary: There was fault by the Council in its significant delays in producing an up-to-date, amended version of a child’s education, health and care plan. The Council has agreed to offer a financial remedy to reflect the uncertainty and frustration this has caused, as well as committing to issuing a draft amended version of the plan within a specific time period.
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Buckinghamshire Council (22 018 017)
Statement Closed after initial enquiries Special educational needs 24-Apr-2023
Summary: We will not investigate this complaint about fault in the process of amending and issuing an Education Health and Care Plan. This is because the complaint is late and there are insufficient grounds to consider it now.
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Leeds City Council (22 004 115)
Statement Upheld Special educational needs 24-Apr-2023
Summary: Mr F complains his son, B, has been out of education for three years. The Council offered alternative schools in 2021, but appears to have ‘lost control’ of B’s education when it failed to review his Education, Health and Care (EHC) Plan in May 2021. The Council then failed to follow up the plans it made to fund support in the home. B has been without suitable education for four terms as a result.
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Portsmouth City Council (22 010 447)
Statement Upheld Special educational needs 24-Apr-2023
Summary: The Council was at fault, because it did not give due consideration to its enforcement powers when dealing with a child who was refusing to attend school. The Council has agreed to address this fault by providing guidance to officers on the importance of clear decision-making and the robust implementation of the Council’s powers, where appropriate. The Council was also at fault for a delay in making a formal decision to amend the child’s education, health and care plan, but this did not cause an injustice. The Council was not at fault for failing to arrange mediation, as this was not its responsibility.
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Bury Metropolitan Borough Council (22 000 877)
Statement Upheld Special educational needs 24-Apr-2023
Summary: The Council was at fault in failing to make most of the provision detailed in the complainant’s child’s Education Health and Care Plan since January 2020. It also failed to properly conduct reviews of the Plan during this period. These faults have caused injustice to the complainant and to her child. We have reconsidered how the Council should remedy the injustice, having taken into account the Council’s and the complainant’s additional comments. The Council has agreed the revised remedy for the injustice caused by its faults. We have therefore completed our investigation and are closing the complaint.
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Warwickshire County Council (22 002 821)
Statement Upheld Special educational needs 24-Apr-2023
Summary: Mrs X complained the Council failed to meet the provision set out in her daughter, Y’s, Education, Health and Care Plan (EHCP) and delayed reviewing Y’s EHCP, causing distress. We find the Council at fault. We recommend the Council apologise to Mrs X, make payments for distress and missed provision, and act to prevent recurrence.
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Kent County Council (22 013 052)
Statement Upheld Special educational needs 24-Apr-2023
Summary: there was delay by the Council issuing G’s Education, Health and Care (EHC) Plan. The Council has apologised for the delay and agreed a partial refund of fees Mrs M paid for G’s tuition.
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Milton Keynes Council (22 018 004)
Statement Closed after initial enquiries Special educational needs 23-Apr-2023
Summary: We will not investigate this complaint that the Council failed to act on the complainant’s request for a special school placement. This is because the complainant may use her right to appeal to a tribunal and it would be reasonable for her to do so.
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Mount St Joseph Catholic School (22 018 080)
Statement Closed after initial enquiries School admissions 23-Apr-2023
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.
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Nottinghamshire County Council (22 017 904)
Statement Upheld School admissions 23-Apr-2023
Summary: A parent complained about the way the school admission appeal panel dealt with her appeal for a place for her son at her preferred primary school. But we will not start an investigation in this case as the Council has now agreed to hold a fresh appeal.
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Cambridgeshire County Council (22 011 325)
Statement Upheld Alternative provision 23-Apr-2023
Summary: Mrs M complained her son, B, was without education between June 2021 and November 2022. The Council recognised it should have arranged alternative tuition sooner. I have recommended a remedy for the injustice caused by the delay. The Council agreed to include information from specialist assessments in B’s Education, Health and Care (EHC) Plan when they are available. This is an appropriate response.
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Nottinghamshire County Council (22 013 566)
Statement Upheld Special educational needs 23-Apr-2023
Summary: Mrs X complains about the way the Council handled her daughter’s Education, Health and Care Plan. We find fault with the Council for delay, failing to communicate with Mrs X and failing to secure the provision specified. This caused frustration and distress to Mrs X and meant her daughter did not get the educational provision she should have. We have agreed service improvements and financial remedies for the injustice caused.
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Devon County Council (22 013 835)
Statement Upheld Special educational needs 23-Apr-2023
Summary: The complainant, Mrs X, complains the Council has failed to amend her daughter’s Education, Health and Care plan, failed to secure an educational placement for her daughter and failed to respond to her emails and phone calls. We find fault by the Council. We make several recommendations to address the injustice caused by these faults.
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Brighton & Hove City Council (22 016 346)
Statement Upheld Special educational needs 20-Apr-2023
Summary: We will not investigate this complaint about delay in the Council accepting the transfer of Ms X’s child’s Education, Health, and Care (EHC) plan, about delay in issuing a final EHC plan, and of the Council failing to provide the provisions within the EHC plan. This is because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Ms X. We will not investigate Ms X’s other complaints because there is insufficient evidence of fault and significant injustice.
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London Borough of Newham (22 016 363)
Statement Upheld Special educational needs 20-Apr-2023
Summary: We will not investigate this complaint about the Council’s failure to deliver the provisions set out in Miss X’s daughter’s Education, Health, and Care (EHC) plan, and to provide educational provision. This is because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused by the faults accepted.
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Devon County Council (22 005 986)
Statement Upheld Special educational needs 20-Apr-2023
Summary: Mr X complained the Council provided contradictory information on education otherwise than at school and the administration of this by parents. He complained it provided an inadequate personal budget and failed to carry out an appropriate consultation with a new school about his son’s Education Health and Care Plan. The Council failed to properly consider Mr X’s request for a personal budget and his concerns about the budget payments. The Council has agreed to take action to prevent the fault reoccurring and make a payment to recognise the injustice caused.
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Surrey County Council (22 010 270)
Statement Upheld Special educational needs 20-Apr-2023
Summary: We will not investigate this complaint about delay in the Council finalising Mrs X’s daughter’s final Education, Health, and Care plan following an annual review. This is because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused by the likely faults.
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London Borough of Bexley (21 018 190)
Statement Upheld Special educational needs 20-Apr-2023
Summary: We found fault by the Council on Miss J’s complaint about it failing to ensure her daughter’s Education, health and care plan provision was made. It accepted there was confusion and disagreement about which NHS trust would deliver therapy. It should have cleared this up as soon as it became aware of it. There was a five-week delay in arranging the annual review and a four-month delay dealing with her complaint. The agreed action remedies the injustice caused.
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Devon County Council (22 010 841)
Statement Upheld Special educational needs 20-Apr-2023
Summary: Ms D complained that the Council did not investigate her complaint properly and has not secured the provision set out in her child’s EHC plan. We found the Council’s complaint investigation should have been more thorough, but this has not caused significant injustice to Ms D. We do not find that the Council failed to secure SEN provision.
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Peterborough City Council (22 012 675)
Statement Upheld Special educational needs 20-Apr-2023
Summary: Miss X complained that the Council has failed to offer her son suitable alternative provision, failed to secure the provision in her son’s Education, Health and Care Plan and failed to consult with providers suitable for her son. We find the Council was at fault for failing to provide Miss X’s son with alternative education. This caused distress to Miss X and B has been out of education. We make several recommendations to address the injustice caused by these faults.
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Bath and North East Somerset Council (22 015 226)
Statement Closed after initial enquiries Special educational needs 20-Apr-2023
Summary: We will not investigate this complaint about alternative educational provision. There is not enough evidence of fault in the Council’s actions to warrant investigation. Investigation of alleged comments made by a Council officer would not be productive, or be likely to find sufficient injustice to warrant our involvement. And Ms X used her right of appeal to a tribunal to challenge the Council’s decision not to issue an Education Health and Care Plan.
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Lincolnshire County Council (22 010 053)
Statement Upheld School transport 19-Apr-2023
Summary: Mrs X complained about how the Council dealt with her request for additional education travel support for her child who was temporarily confined to a wheelchair after a planned surgery. There was fault by the Council in how it dealt with Mrs X’s case and its poor communication with her. This has caused injustice to Y and Mrs X. The Council will take action to remedy the injustice caused.
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Manchester City Council (22 010 311)
Statement Upheld Special educational needs 19-Apr-2023
Summary: Mr X and Ms Y complained the Council failed to ensure their child D received a suitable alternative education while out of school or meet their special educational needs. There was fault in how the Council reviewed D’s Education Health and Care plan, re-assessed their Education Health and Care needs, and considered its duties to provide suitable alternative education. This meant D missed education, and support for their special educational needs, and caused avoidable distress for D, Mr X, and Ms Y. The Council agreed to apologise, issue an amended final Education Health and Care plan without delay, pay a financial remedy, review relevant procedures, and issue reminders to its staff.
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London Borough of Lambeth (22 010 472)
Statement Upheld Special educational needs 19-Apr-2023
Summary: The Council was at fault for delays in reviewing a child’s Education, Health and Care plan. This caused injustice as the child did not have an up to date plan and missed out on receiving some extra provision sooner. The Council agreed to apologise, put in place extra provision for the child and make a payment for the distress caused.
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Kirklees Metropolitan Borough Council (22 011 614)
Statement Upheld School admissions 19-Apr-2023
Summary: Mrs C complained how the Council has considered her application for delayed entry to reception for her summer born daughter. She says the Council has failed to properly understand the guidance and has applied the wrong tests. We find fault with the Council’s decision making. The Council has agreed to our recommendations to address the injustice caused by fault.
