Brighton & Hove City Council: the register
Ruling 25 001 967
Folio 109
Finding: Fault found
- Finding recorded by the ombudsman
- Upheld
- Service
- Education: Alternative provision
- Council
- Brighton & Hove City Council
- Body
- Local Government and Social Care Ombudsman
- Decided
- Summary
-
There was fault by the Council in failing to consider alternative education when a child was unable to attend school on health grounds, and delay in securing special educational provision in an Education, Health and Care (EHC) Plan. This caused loss of education and distress. The Council has agreed to apologise, make a symbolic financial payment and make service improvements.
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 | ApologyThe Council will apologise to Ms X for the faults identified in this decision statement.Deadline as worded: Within four weeks of my final decision |
Deadline passed 18 February 2026. Outcome not published. | None | No outcome published by the ombudsman | ||
| 2 | PaymentThe Council will pay Ms X £6400 to acknowledge missed education as set out above.Deadline as worded: Within four weeks of my final decision |
Deadline passed 18 February 2026. Outcome not published. | £6,400.00 | No outcome published by the ombudsman | ||
| 3 | PaymentThe Council will pay Ms X £500 for the distress, frustration, delay and uncertainty caused.Deadline as worded: Within four weeks of my final decision |
Deadline passed 18 February 2026. Outcome not published. | £500.00 | No outcome published by the ombudsman | ||
| 4 | Service changeThe Council will review policies and procedures when children are unable to attend school to make sure the council retains sufficient oversight and control, particularly of any outsourced arrangements.Deadline as worded: Within two months of my final decision |
Deadline passed 21 March 2026. Outcome not published. | None | No outcome published by the ombudsman | ||
| 5 | Service changeThe Council will ensure it makes clear decisions, in writing, with reasons, about how it makes decisions about SEN assessments and provision.Deadline as worded: Within two months of my final decision |
Deadline passed 21 March 2026. Outcome not published. | None | No outcome published by the ombudsman | ||
| 6 | Service changeThe Council will ensure staff and policies are clear about when personal budgets and direct payments apply, provide clear information to families, and offer rights of review where appropriate.Deadline as worded: Within two months of my final decision |
Deadline passed 21 March 2026. Outcome not published. | None | No outcome published by the ombudsman | ||
| Stated payments ordered | £6,900.00 | Outcomes published by the ombudsman: none | ||||