Brighton & Hove City Council: the register
Ruling 24 013 238
Folio 137
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
-
Dr Y complained about the Council’s handling of S’s Education, Health and Care needs assessment between January 2023 and October 2023. The Council is at fault for delays in adequately assessing its section 19 duties and failing to ensure S received all the provision set out in his plan from October 2023. This caused Dr Y avoidable uncertainty and frustration as well as loss of provision for S. The Council has agreed to apologise to Dr Y, make a payment to recognise the injustice and act to prevent recurrence.
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 Dr Y for its failure to provide S with the OT sessions from his EHC Plan and the distress and frustration this has caused them. The Council should refer to our guidance on making an effective apology;Deadline as worded: Within one month of the date of the final decision statement |
Deadline passed 12 November 2025. Outcome not published. | None | No outcome published by the ombudsman | ||
| 2 | Paymentpay Dr Y £500 to remedy the injustice the loss of eight sessions of OT caused S;Deadline as worded: Within one month of the date of the final decision statement |
Deadline passed 12 November 2025. Outcome not published. | £500.00 | No outcome published by the ombudsman | ||
| 3 | Paymentpay Dr Y £500 to remedy the injustice caused by the loss of educational provision between June 2023 and September 2023 for S;Deadline as worded: Within one month of the date of the final decision statement |
Deadline passed 12 November 2025. Outcome not published. | £500.00 | No outcome published by the ombudsman | ||
| 4 | Service changeissue a reminder to staff about the importance of appropriate assessment of educational needs for an individual child when deciding if the Council needs to act under its section 19 duties to provide alternative education where a child is out of school.Deadline as worded: Within one month of the date of the final decision statement |
Deadline passed 12 November 2025. Outcome not published. | None | No outcome published by the ombudsman | ||
| Stated payments ordered | £1,000.00 | Outcomes published by the ombudsman: none | ||||