Brighton & Hove City Council: the register
Ruling 23 006 942
Folio 307
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
-
The Council was at fault for delaying putting in place suitable education for Mr X’s son. The Council was also at fault for not putting in place the special educational provision in Mr X’s son’s Education, Health and Care plan while he could not take up his school placement. This caused injustice as Mr X’s son has missed out on education and special educational provision he should have received. The Council agreed to apologise, make a payment to recognise the loss of education and agree a plan with the child’s school to establish what measures can be put in place while a teaching assistant is recruited.
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 | ApologyProvide Mr X with a written apology for the delay in putting in place additional tuition for Y and for not putting in place the provision in his EHC plan.Deadline as worded: Within one month of my final decision |
Deadline passed 18 February 2024. Outcome not published. | None | No outcome published by the ombudsman | ||
| 2 | PaymentPay Mr X £3,300, for the benefit of Y’s education to recognise the fact Y did not receive the special educational provision in his EHC plan and the delay in increasing Y’s tuition following the SEND Tribunal’s decision. In coming to this figure I have considered £1,500 per term is appropriate. The period of injustice runs for just over two terms.Deadline as worded: Within one month of my final decision |
Deadline passed 18 February 2024. Outcome not published. | £3,300.00 | No outcome published by the ombudsman | ||
| 3 | PaymentPay Mr X £400 to acknowledge the distress he has experienced as a result of having to support Y and for the time and trouble he experienced in pursuing his complaint.Deadline as worded: Within one month of my final decision |
Deadline passed 18 February 2024. Outcome not published. | £400.00 | No outcome published by the ombudsman | ||
| 4 | Action for the personAs a teaching assistant has not been recruited to support Y, the Council should work with School B to agree an action plan and establish what measures can be put in place to ensure Y is receiving all of the provision in his EHC plan.Deadline as worded: Within one month of my final decision |
Deadline passed 18 February 2024. Outcome not published. | None | No outcome published by the ombudsman | ||
| 5 | Service changeConsider what went wrong in this case and whether there are any changes the Council could make to its procedures to ensure it takes steps sooner to put in place the provision in an Education, Health and Care plan following a decision from the SEND Tribunal.Deadline as worded: Within two months of my final decision |
Deadline passed 18 March 2024. Outcome not published. | None | No outcome published by the ombudsman | ||
| Stated payments ordered | £3,700.00 | Outcomes published by the ombudsman: none | ||||