LGO Individual Decisions

Summary: Ms X complained about the Council’s delay in completing her child’s (Y’s) education, health, and care needs assessment and poor communication. We found the Council at fault. It should apologise to Ms X and make payments to her to reflect the uncertainty, frustration and distress caused by the delays.

Summary: Mrs X complained the Council failed to provide her son who has complex medical needs, with school transport. We have found the Council at fault as it was unable to fulfil its statutory duty to provide Mrs X’s son with transport. This caused Mrs X’s son to miss out on education and accessing his special educational needs provision as well as causing Mrs X and the wider family avoidable distress.

Summary: There is no fault in the Council’s decisions around funding Y’s night care, the direct payment rate or funding for carers’ training. The Education Health and Care Plan did not include details of the personal budget for Y in Section J and this was fault. The Council will amend the Plan to include the personal budget, apologise for the avoidable confusion and uncertainty and make Ms X a symbolic payment of £100.

Summary: Mr X complained about the process the Council followed when completing the annual review of Ms Y’s Education, Health and Care Plan. We find the Council at fault for missing statutory deadlines and for not keeping Mr X updated throughout the process. The Council has agreed to apologise to Mr X and Ms Y, make a payment to recognise the injustice caused, and act to prevent recurrence.

Summary: We will not investigate Miss X’s complaint about the Council’s investigation into comments from her daughter’s social worker. The Council has appropriately investigated and responded to Miss X’s concerns. Further investigation would not lead to a different outcome, and we cannot achieve what Miss X wants.

Summary: We will not investigate Ms B’s complaint about the way the Council considered her housing needs in 2022. This is because it is unlikely we would find enough evidence of fault with the actions taken by the Council to warrant an ombudsman investigation.

Summary: We cannot investigate Mrs X’s complaint about the Education Health and Care Plan process for her son. This is because Mrs X has appealed to the First-tier Tribunal (Special Educational Needs and Disability). The case is therefore outside our jurisdiction.

Summary: Mrs X complained about the delays in the education, health and care plan process. She also complained about the Council’s communication and said her son had been out of education. We find the Council was at fault. This caused significant distress to Mrs X and her son was out of education. The Council has agreed to several recommendations to address this injustice caused by fault.

Summary: Mr C complained about the Council’s handling of his care and support, record keeping and how it communicated with him since Summer 2021. He said as a result he experienced distress and did not receive the care and support he needed. We found some fault by the Council, however had the fault not occurred, the outcome was likely to have been the same. Its apology was therefore enough to remedy the injustice it caused Mr C.

Summary: Mr M and his mother complain the Council left him without education from 2019. It delayed reviewing his Education, Health and Care Plan, did not respond to their request to explore a personal budget and delayed referring them to the Council’s Adult Social Care service for an assessment. We will not investigate some parts of Mr M’s complaint. But we have found fault with the parts we have investigated. The Council has agreed to our recommendation of an improved remedy to that which it had offered.

Summary: Mrs X complained the Council failed to name a suitable school in her daughter’s Education, Health and Care Plan. We have ended our investigation as Mrs X’s complaint is outside our jurisdiction.

Summary: We will not investigate this complaint about an unsuccessful Blue Badge application. This is because the Council will accept an early new application from the complainant.

Summary: Ms X complained the Council failed to provide her daughter, Ms Y, with the provision set out in her Education, Health and Care Plan. We found fault because the Council failed to deliver some of Ms Y’s provision, for a lack of timely and effective communication with Ms X and a delay in completing a statutory review. Ms X and Ms Y suffered avoidable distress and frustration in getting the issues resolved and Ms Y missed out on education she should have received. To remedy the injustice caused, the Council has agreed to apologise, make a payment to Ms X and share guidance with relevant o

Summary: Mr X complained about the replacement vehicle crossover the Council installed across the driveway of his home. He said the new crossover is narrower, with higher edges. There was no fault in the Council’s actions.

Summary: We will not investigate Mr X’s complaint the Council issued a final Education Health and Care Plan for his son without properly consulting on changes to the Plan. This is because Mr X has appealed to the Special Educational Needs and Disability Tribunal.

Summary: Mrs C complained the school transport the Council provided for her daughter was not suitable which was worsening her anxiety. We have found fault in the way the Council considered home to school transport but consider the agreed action of an apology, £200 and a review of decisions reached provides a suitable remedy.

Summary: Mr N complains about the Council’s decision to make his children subject to child protection plans and its administration of the plans. He also complains the Council gave his ex-partner wrong information about what contact he could have with his daughter. The Ombudsman upholds the complaint, as we have found several faults. But we do not agree with Mr N that the faults have led to his estrangement with his daughter – the key injustice he claims.

Summary: We will not investigate this complaint about the decision not to issue an Education Health and Care Plan for the complainant’s daughter, and the subsequent delay in doing so. The complainant used her right to appeal to a tribunal about the initial decision, and it is unlikely we could add anything significant to the response the Council has already made.

Summary: We will not investigate this complaint about the Council’s actions in issuing an Education Health and Care Plan and the educational provision being made. Mrs X has exercised her right of appeal to a tribunal and the matters complained of are not separable from that.

Summary: We will not investigate this complaint about the actions of a coroner during the inquest into the death of the complainant’s mother. This is because coroners are not employees of the Council and therefore their actions are not administrative functions of the Council. Other elements of this complaint are made late

Summary: Mrs X complained on behalf of her mother, Mrs Y. She complained Mrs Y’s social care support and fuel payments were paused at the start of the Covid 19 lockdown, but then cancelled without warning. Mrs X also complained about poor communication from the Council and delays completing adaptations when Mrs Y was moving home. Mrs X says this has caused uncertainty and distress. There was fault in the way the Council communicated with Mrs X and Mrs Y. The Council will make a payment to Mrs X and confirm its decisions relating to Mrs Y’s care.

Summary: Mrs Y complained the support the Council offered Mr X during a home emergency was inadequate. There was no fault in the support the Council offered.

Summary: Mr X complained the Council delayed finalising an Education Health and Care Plan (“EHCP”) for his son, Y, and failed to arrange alternative provision while Y was out of school, resulting in missed education, costs and distress. We found the Council at fault. We recommended it provide an apology, reimburse Mr X’s costs; pay £800 for missed education, pas £450 for time trouble and distress, arrange provision for Y going forward and act to prevent recurrence.

Summary: We will not investigate this complaint about highways maintenance. This is because the insurers already involved, and the courts are better placed to consider this complaint.

Summary: Ms M’s son, B, has missed a considerable amount of education. This does not appear to be the result of fault by the Council.