WHAT IS SUFFICIENT IN TERMS OF MEDICAL EVIDENCE?

ALTERNATIVE PROVISION

Summary: Ms F complains the Council failed to make alternative educational provision for her son. We have found fault that has caused her son to lose out on education and the family significant distress. The Council has agreed to apologise, make a payment for her son’s educational benefit and review its commissioning arrangements for alternative provision.

SEND & ABSENCE DUE TO ANXIETY

Summary: Mrs B complained that the Council failed to provide suitable alternative education for her daughter C when she was unable to attend school due to anxiety. We found the Council failed to provide C with suitable alternative education, between October 2019 and March 2020. The Council has agreed to apologise to Mrs B, pay her £2000 to remedy the impact on C and a further £300 for Mrs B’s time and trouble in pursuing the matter. It has also agreed to review its policy, provide training and check alternative provision for other children in similar circumstances.

ALTERNATIVE PROVISION

Summary: Mrs X complained the Council failed to ensure her granddaughter, D, received appropriate education from October 2019 to December 2019. She also said the Council failed to provide the provision outlined in the EHCP. The Ombudsman has found fault by the Council which has caused D to miss out on special educational provision. The Council will apologise, make a financial payment and service improvements.

Summary: Mrs X says the Council failed to arrange alternative education for her son when he was absent from school for medical reasons in the autumn of 2018 and between April and September 2019. There was fault by the Council because it did not properly consider its duties to provide alternative education. The Council agreed to address the injustice to Mrs X and her son through a financial remedy.

Summary: Mrs X complained the Council failed to provide suitable alternative education for her daughter after she became unable to attend school. Mrs X also complained the Council took too long to issue an Education, Health and Care plan. She said her daughter had missed out on education and was socially isolated. 

Leicestershire County Council

The Council failed to provide suitable alternative education Mrs B’s daughter, C, when she was unable to attend school due to anxiety. The Council also failed to support C and her family, arrange a multi-agency meeting or make a referral to Autism Outreach. The Council accepts these failings and has offered to apologise to the family, make a payment, and undertake a review of its policies and procedures. The Ombudsman considers this to be a satisfactory remedy for the injustice caused.

Norfolk County Council 

The Council expected the school to continue to meet the need and put the provision specified in the EHC plan in place until a suitable placement was found even once they have told the Council they cannot meet need. This is not acceptable. The duty is on the Council to secure the provision is made. Once it is on notice that the school is not making the provision then the Council must arrange the provision. 

There is a further issue in that the Council was on notice that Y was not attending school because of her anxiety. Where a child cannot attend school because of illness the Council must arrange suitable full-time education. I have seen nothing to show the Council had any regard to its duties to Y in this respect.

Stoke-on-Trent City Council 

The Council delayed communicating a decision not to issue an EHC Plan for a child (B) following statutory assessment. The Council failed to put in place Alternative Education for B when this was justified. The Ombudsman recommended and the Council agreed to apologise in writing to Mr and Mrs C, pay B £1,500 to acknowledge lost educational provision, pay Mr and Mrs C £500 to acknowledge distress caused by failure to issue a timely decision on whether to make an EHC Plan, and finalise and publish policy on Alternative Education.