LGO Individual Decisions

Summary: We will not investigate this complaint about a housing benefit overpayment because there was a right of appeal to a tribunal.

Summary: We will not investigate Mr X’s complaint that the Council has refused to cut back trees. This is because there is insufficient evidence of fault.

Summary: We will not investigate this complaint about how the Council dealt with Ms X’s housing register application as it has provided a proportionate remedy. There is insufficient evidence of fault to justify an investigation of Ms X’s complaints about the Council refusing to nominate her to a property and how it dealt with her homelessness application. We will not investigate how the Council considered Ms X's safeguarding concerns as an investigation will not achieve a worthwhile outcome for her.

Summary: We will not investigate Mr X’s complaint about the Council’s handling of a Penalty Charge Notice. This is because it would be reasonable for him to apply to the Traffic Enforcement Centre to take the process back to an earlier stage.

Summary: We will not investigate Mrs X’s complaint about overgrowing trees and bushes. This is because it is made late.

Summary: We will not investigate Mr X’s complaint about difficulties he faced when he tried to challenge a parking charge notice. He says the Council put up barriers and failed to make reasonable adjustments. He also complains about the Council’s handling of his complaint. This is because an investigation would not lead to any further findings or worthwhile outcomes.

Summary: Mr X complained the Council failed to issue the correct letters ahead of court action. Mr X says himself and his wife have been treated unfairly and were unable to attend their court date. We have found the Council at fault for failing to issue a letter which explained Mr X’s payment plan had been ended. This caused uncertainty for Mr X and his wife. The Council has agreed to apologise to Mr and Mrs X to remedy the injustice caused.

Summary: We will not investigate this complaint about how the Council dealt with a retrospective planning application. This is because we are unlikely to find fault.

Summary: We will not investigate this complaint about the Council sharing personal data, a Council officer breaching the Equality Act 2010, and the Council’s failure to address the officer’s conduct. This is because the ICO is better placed to consider complaints about personal data handling, only the courts can decide if there has been a breach of the Equalities Act, there is insufficient evidence of Council fault, and we cannot investigate personnel issues. We cannot therefore achieve the result the complainant is seeking.

Summary: We will not investigate this complaint the Council’s bin collections are too early. Any injustice is not significant enough to justify our involvement.

Summary: Ms D complained the Council placed her in the wrong medical priority housing band. Based on current evidence I have found fault by the Council including a failure to clearly document its decision making process. I have not found an unremedied injustice to Ms D. I asked the Council to consider improving its record keeping as a service improvement and it has introduced a new decision form for assessments.

Summary: We will not investigate this complaint about the way the Council considered complaints about councillors. There is not enough evidence of fault in the way the Council considered the complaints about the conduct of two councillors. Also, we will not reconsider matters on which we have already made a decision.

Summary: The Council caused Mr X frustration and distress when it incorrectly assessed that he was not eligible for housing support due to his immigration status. In recognition of the injustice caused the Council has agreed to pay Mr X £200 and demonstrate that it has taken action to improve its services. We do not find that the Council’s actions caused Mr X to miss out on interim accommodation or that the Council failed to have due regard to its duties under the Equality Act.

Summary: We will not investigate this complaint about the Council’s handling of planning enforcement cases. This is because part of the complaint is late, we cannot investigate issues which affect all or most people in the Council’s area, there is not enough evidence of fault in the Council’s handling of the enforcement cases, and we are unlikely to achieve the desired, or a worthwhile, outcome.

Summary: We will not investigate this complaint about the Council’s investigation of a complaint about noise nuisance.

Summary: Miss X complains the Council delayed considering her housing application for a change in medical circumstances and failed to inform her of its decision to award her Band C. The Council remedied this before Miss X complained to the Ombudsman by backdating her housing application. I have found fault with the way the Council handled Miss X’s complaint. The Council has agreed to apologise and make a symbolic payment for the injustice this caused Miss X.

Summary: We will not investigate Mr X’s complaint about the Council’s decision to serve a legal notice requiring him to reduce the height of a hedge. He can appeal the notice to the Planning Inspectorate.

Summary: We will not investigate this complaint about planning enforcement because there is no evidence of fault by the Council and a right of appeal existed to the Planning Inspector.

Summary: We will not investigate this complaint about the District Council’s decision on a code of conduct complaint against parish councillors who considered the complainant’s planning application. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We cannot investigate complaints about parish councils, and there is insufficient evidence of fault causing significant injustice in the way the District Council considered the associated code of conduct complaint.

Summary: A woman complained that the Council did not follow proper procedures in dealing with her homelessness case. But we will not investigate this matter. This is mainly because the woman had separate review and appeal rights she could have used to challenge the Council’s decision to end its housing duty in her case, and there is no other sign of fault by the Council which has caused her a significant injustice.

Summary: We will not investigate this complaint about the Council’s handling of Miss X’s application for council tax reduction and with her complaint. Since Miss X contacted us, the Council has dealt with the outstanding points and provided a satisfactory remedy.

Summary: We will not investigate Mrs X’s complaint about the Council’s planning committee’s consideration of and decision on his neighbour’s extension application. There is not enough evidence of fault in the planning process to warrant an investigation. We also cannot achieve the outcome Mrs X seeks from her complaint.

Summary: We will not investigate this complaint about the Council’s decision not to issue parking contravention notices for vehicles partially parking across the complainant’s dropped kerb. We are unlikely to find fault in the Council’s actions.

Summary: We will not investigate this complaint about how the Council dealt with reports of antisocial behaviour made about the complainant. This is because the events happened too long ago and I see no good reason why the complaint could not have been made sooner.

Summary: We will not investigate this complaint about a controlled parking zone. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate.