LGO Individual Decisions

Summary: Ms X complained the Council issued a completion certificate for her new- build property which she has since discovered does not satisfy the building regulation requirements.

Summary: We cannot investigate this complaint about the Council’s decision to approve funding to a Town Council for a specific project. That is because this decision is one that affects all or most of the people in the Council’s area, and the law does not allow us to investigate such decisions.

Summary: We will not investigate Mrs X’s complaint about the way the Council responded to her reports of nuisance from a neighbour. This is because the law prevents us from investigating a council when it is acting as a landlord.

Summary: We cannot investigate Miss X’s complaint as it is made on behalf of a public body. The law prevents us from considering such complaints.

Summary: We will not investigate this complaint about the way the Council have investigated an alleged breach of planning control. The Council has confirmed there is an ongoing investigation. Further investigation by the Ombudsman would not achieve anything worthwhile while that is the case.

Summary: We will not investigate this complaint about valuation and delay in the right to buy process. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The valuation was made by the District Valuer. It is binding and we have no jurisdiction over District Valuer decisions. The complainant has used the legal notice of delay and it is reasonable to expect them to proceed to court action.

Summary: There was fault by the Council. The Council removed Mr X from a housing application. Reinstating Mr X’s name on the housing application, along with an apology remedied the injustice caused. It is unlikely Mr X missed any offers of housing and his situation has now changed. There was no fault in the Council following the Occupational Therapists recommendations on the housing type.

Summary: Mrs X complained the Council failed to provide suitable education to her daughter and did not check on her wellbeing after she was permanently excluded from school. Mrs X says the Council’s actions caused avoidable distress to her daughter and the family, and meant her daughter missed out on education. We found fault by the Council. The Council has agreed to provide an apology and a financial remedy and make service improvements.

Summary: We will not investigate this complaint about the way the Council considered an application for a license for a music event. We have not seen evidence of fault in the way the Council considered the application. Nor have we seen evidence the Council called the complainant incompetent. Finally, we cannot consider allegations of defamation as this is a matter for the courts.

Summary: We will not investigate Miss X’s complaint about the way the Council responded to her request for an assessment of her child’s special educational needs and the time it took to do so. There is no evidence of delay by the Council, and the remaining matters are related to the child’s SEN, in respect of which Miss X has had a right to appeal to the SEND Tribunal it would be reasonable to use.

Summary: We have upheld this complaint because the Council delayed issuing an Education Health and Care Plan for a child. The Council has agreed to resolve the complaint by making a suitable payment to the complainant to remedy the injustice its delays caused.

Summary: We will not investigate Mr X’s complaint about the Council’s management of its tenants. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We have no remit to consider complaints about the management of social housing.

Summary: Mr X complained the Council delayed the issuing of his son’s EHC Plan, and that the alternative provision offered during the delay did not meet Y’s needs. We found fault causing injustice in relation to both matters complained about. The Council agreed to apologise to Mr X and make a payment to him, and another for Y’s benefit, to remedy the injustice caused.

Summary: Mr Y complains about the actions of the Council when it placed a young person into an emergency foster placement with Mr Y in late 2023. The Council was at fault for failing to consider Mr Y’s complaint under the children’s statutory complaints procedure. This meant Mr Y went to unnecessary time and trouble going through the Council's corporate complaints procedure and then complaining to the Ombudsman. The Council has agreed to complete the remedial actions recommended at the end of this statement.

Summary: We will not investigate this complaint about the Council’s decision to apply the unoccupied property council tax premium to the complainant’s property. This is because the complainant could have appealed to the Valuation Tribunal.

Summary: We will not investigate this complaint about the Council’s operation of a landlord licensing scheme in its area. There is insufficient evidence of fault which would warrant an investigation.

Summary: Mr X complained about the Council’s handling of his homelessness application. We found fault because the Council considered his local connection too early in the process. Because of this, the Council failed to act to possibly prevent his homelessness. To remedy his injustice, the Council has agreed to apologise and make a symbolic payment to Mr X. It will also undertake staff training.

Summary: We will not investigate Mr B’s complaint about the Council not taking planning enforcement action against his neighbour. This is because there is not enough evidence of fault to justify an investigation.

Summary: Mrs X complained about the Council’s failure to provide her son, who has an Education, Health and Care Plan, with a school place or alternative provision when he moved into its area. On the evidence seen so far, we found the Council to be at fault. It took nearly a term to find a suitable school and did not make any interim arrangements to meet her son’s special educational needs. To remedy the injustice arising from these faults, the Council has agreed to apologise, make a payment to acknowledge her distress and lack of provision. It will also take action to improve its service when

Summary: We will not investigate this complaint about Mr X’s refuse collection. There is not enough evidence of fault in the Council’s actions. If Mr X believes the Council has shared his personal data, it is reasonable for him to complain to the Information Commissioner’s Office on this point.

Summary: Miss X complained the Council delayed issuing her child, Y’s Education, Health and Care (EHC) Plan in line with statutory timescales. Miss X also complained the Council failed to provide Y with suitable education while they could not attend school. The Council was at fault when it delayed issuing Y’s EHC Plan and caused uncertainty if Y received a suitable education between late February 2023 and November 2023. The Council will apologise, make a symbolic payment and carry out service improvements.

Summary: We will not investigate this complaint about how the Council dealt with child protection matters. This is because there is either no fault causing the complainant a significant injustice, we could not add to the investigation carried out by the Council or because we have already considered the issues raised.

Summary: Mr X complained the Council failed to review and update his child’s Education, Health and Care Plan. Mr X also complained the Council failed to put in place 1:1 support for his child and the lack of support resulted in his child’s expulsion. We found fault with the Council failing to meet the statutory timescales to review Mr X’s child Education, Health and Care Plan for 20 months. We did not find fault with the Council failing to provide the provision detailed in Mr X’s child’s Education, Health and Care Plan. The Council agreed to apologise to Mr X for the distress and inconvenience

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

Summary: We will not investigate Mr X’s complaint about a missed recycling bin collection. This is because the matter has not caused Mr X any significant personal injustice which is serious enough to warrant an investigation by this office.