Brighton & Hove City Council: the register
Ruling 23 004 931
Folio 280
Finding: Fault found
- Finding recorded by the ombudsman
- Upheld
- Service
- Education: Special educational needs
- Council
- Brighton & Hove City Council
- Body
- Local Government and Social Care Ombudsman
- Decided
- Summary
-
Ms X complains the Council failed to provide alternative provision for her daughter, Y from January 2022. Ms X also complains about the way the Council implemented a personal budget. We have found there was a delay by the Council in issuing a final Education Health and Care Plan and fault with its record keeping. The Council has agreed to apologise, make a symbolic payment and service improvements to address the injustice caused. We have found no fault with the way the Council considered alternative provision and the personal budget.
Summary as published by the Local Government and Social Care Ombudsman.
Remedies
Words in quotation marks are quoted from the ombudsman’s decision.
States worked out on 9 October 2026.
The ombudsman publishes no entry for a remedy.
| Ordered | Outcome publishedThe ombudsman publishes no entry for a remedy. | |||||
|---|---|---|---|---|---|---|
| No. | What was ordered | Deadline | Payment | Date | Entry | Payment |
| 1 | Apologyapologise to Ms X for the faults identified in this statementDeadline as worded: Within one month of my final decision |
Deadline passed 6 June 2024. Outcome not published. | None | No outcome published by the ombudsman | ||
| 2 | Paymentpay Ms X £200 for the delay in issuing Y’s final EHC PlanDeadline as worded: Within one month of my final decision |
Deadline passed 6 June 2024. Outcome not published. | £200.00 | No outcome published by the ombudsman | ||
| 3 | Action for the personto remedy the injustice caused to Ms X by the Council’s failure to consider Ms X’s request for a carers assessment, the Council will consider Ms X’s request and inform her of its decision in writingDeadline as worded: Within one month of my final decision |
Deadline passed 6 June 2024. Outcome not published. | None | No outcome published by the ombudsman | ||
| 4 | Service changereview its record keeping procedures to ensure officers keep a clear record of their decisions about whether education provision is accessible to a child out of school and whether it owes a duty under Section 19 of the Education Act 1996 to make alternative education provisionDeadline as worded: Within one month of my final decision |
Deadline passed 6 June 2024. Outcome not published. | None | No outcome published by the ombudsman | ||
| Stated payments ordered | £200.00 | Outcomes published by the ombudsman: none | ||||