Derby City Council (23 009 736)

Report Upheld School transport 14-May-2025

Summary: Ms X, Ms Y and Ms Z complained about the Council’s offer of transport support for their children via a personal travel budget (PTB), rather than providing a vehicle, and about the handling of their subsequent transport appeals. They complained the Council’s decision to offer a PTB was impractical and unaffordable for their individual circumstances. Their children all have Education, Health and Care (EHC) Plans and are older than 16.

Derby City Council (23 008 547)

Report Upheld School transport 14-May-2025

Summary: Ms X, Ms Y and Ms Z complained about the Council’s offer of transport support for their children via a personal travel budget (PTB), rather than providing a vehicle, and about the handling of their subsequent transport appeals. They complained the Council’s decision to offer a PTB was impractical and unaffordable for their individual circumstances. Their children all have Education, Health and Care (EHC) Plans and are older than 16.

Derby City Council (23 013 529)

Report Upheld School transport 14-May-2025

Summary: Ms X, Ms Y and Ms Z complained about the Council’s offer of transport support for their children via a personal travel budget (PTB), rather than providing a vehicle, and about the handling of their subsequent transport appeals. They complained the Council’s decision to offer a PTB was impractical and unaffordable for their individual circumstances. Their children all have Education, Health and Care (EHC) Plans and are older than 16.

South Gloucestershire Council (23 017 552)

Statement Upheld Special educational needs 29-Apr-2025

Summary: There was fault by the Council. It took too long to deal with Mrs B’s complaints to it. It was entitled to decide that it did not have a duty to provide alternative educational provision when her son could not attend school, but it should have reviewed its decision and arranged the provision sooner when it received new information. There was no fault when the Council took two weeks longer than usually allowed to issue a final Education Health and Care Plan. The Council’s shortcomings caused distress and frustration, and meant that Mrs B’s child missed out on educational provision. The Council has agreed to apologise to Mrs B, make symbolic payments, and review its policy on alternative educational provision to make it clearer.

Devon County Council (24 007 013)

Statement Upheld Special educational needs 29-Apr-2025

Summary: Miss X complained about delays in her son, Y’s, Education, Health and Care needs assessment. She said Y has been out of school since February 2023 and she incurred significant costs securing educational provision for him. Miss X said this frustrated and distressed her and Y. There was fault in the way the Council delayed completing the needs assessment. This frustrated Miss X and frustrated her right of appeal to the Tribunal. The Council has agreed to apologise, make a financial payment and provide guidance to its staff.

East Sussex County Council (24 009 698)

Statement Upheld Special educational needs 29-Apr-2025

Summary: Mrs Y complains the alternative provision offered by the Council was not suitable for her son, D, after he was permanently excluded from primary school. She also complains about delays in reviewing D’s Education Health and Care Plan. We find no fault in the alternative provision initially offered by the Council. However, there was delay in reviewing D’s plan which meant the type of interim provision was not changed as quickly as it should have been. The Council will apologise and pay £200 to Mrs Y in recognition of her delayed appeal rights and £1500 to D for his educational benefit.

Lancashire County Council (24 011 066)

Statement Upheld Alternative provision 29-Apr-2025

Summary: Ms A complained the Council failed to ensure Mrs X’s child received suitable education since September 2023. Ms A also complained the Council failed to complete an Education, Health and Care Needs Assessment of for Mrs X’s child. We found fault for the Council failing to properly consider and act on its Section 19 duty for a total of 19 weeks from January 2024 to July 2024. We also found fault with the Council failing to consider when it should complete an Education, Health and Care Plan Needs Assessment. The Council agreed to apologise to Mrs X and pay her £250 for the avoidable frustration and inconvenience its fault caused her. The Council also agreed to pay Mrs X’s child £2,300 for their missed education caused by its fault.

Derbyshire County Council (24 011 336)

Statement Upheld Special educational needs 29-Apr-2025

Summary: Mrs X complained the Council did not issue draft and final Education, Health and Care Plans for her child Y within legal timescales, and withdrew special educational provision from Y. I find the Council at fault for missing the legal timescales and withdrawing educational provision which caused injustice in the form of distress and missed provision. The Council will apologise and make a symbolic payment to remedy the injustice.

Buckinghamshire Council (24 016 232)

Statement Closed after initial enquiries School transport 29-Apr-2025

Summary: We will not investigate this complaint about the Council’s handling of Mr and Mrs X’s application for post-16 transport. The injustice is not significant enough to warrant our involvement and it is unlikely an investigation would lead to a different outcome.

Wokingham Borough Council (24 017 714)

Statement Closed after initial enquiries Special educational needs 29-Apr-2025

Summary: We cannot investigate some of Miss X’s complaint about the content of her child, Y’s, Education, Health and Care Plan because she appealed to a Tribunal. We will not investigate the remaining matters regarding delay and poor communication because the Council apologised, and the remaining injustice is not significant enough to warrant our involvement.