LGO Individual Decisions

Summary: We will not investigate this complaint about delay and other issues with the Education, Health and Care plan process. This is because the Council has agreed to an appropriate remedy for the injustice caused by the delay. We will not investigate the other issues as they are best considered by other bodies, or it is unlikely we could add anything to the Council’s response.

Summary: The Council was at fault in how it decided what alternative provision to arrange for Miss X’s child, W, when they stopped attending school. This meant they missed out on education and the special educational provision in their Education, Health and Care Plan. It also caused Miss X avoidable upset and uncertainty. To remedy Miss X and W’s injustice, the Council will apologise to Miss X and pay her a total of £2,000. It should also identify what steps it needs to take to ensure it obtains relevant information on a child’s current education before making a decision on the child’s case.

Summary: We will not investigate this complaint about highway maintenance because there is not enough evidence of fault to justify investigating.

Summary: Ms X complained the Council’s consideration of a complaint she raised through the children’s statutory complaint procedure about how the Council cared for a child, Y, was flawed. We found the Council was at fault when it overturned some of the statutory investigation’s findings, and did not provide an appropriate remedy to Y for the complaints it did uphold. This included that Y became isolated and institutionalised while they remained in an unregistered placement for more than four years. The Council will apologise and make a payment to Y.

Summary: Miss B complained the Council failed to backdate her enhanced personal budget for transport to December 2024 and that caused her financial hardship. The Council has now agreed to backdate the personal budget to December 2024. There is nothing further the Ombudsman can achieve for Miss B.

Summary: Mrs F complained the Council delayed assessing her daughter’s education, health and care needs and failed to provide home to school transport. There was fault which caused injustice as Mrs F’s children missed out on education. The Council has agreed to make a payment to Mrs F to remedy this.

Summary: Mrs X complained the Council delayed arranging alternative educational provision for her child, Z when she was unwell and unable to attend school. When the Council did then arrange the provision, Mrs X said this was part-time and unsuitable. The Council was at fault as there was a six month delay in arranging the provision. However, the Council was not at fault regarding the suitability of the provision as it was appropriate for Z’s needs. The Council has agreed to apologise and make a payment for Z’s missed provision to recognise the distress, frustration and uncertainty caused.

Summary: Mrs X complained the Council failed to arrange alternative educational provision for her child (Y) when they were unable to attend school due to illness. The Council was at fault for failing to consider alternative educational provision between September and December 2023 when it became aware that Y was not attending school. The Council has agreed to make a payment to recognise the distress, frustration and uncertainty this caused.

Summary: We will not investigate Mr X’s complaint about matters related to the Council’s data handling. This is because it is reasonable to expect him to take the matter to the Information Commissioner’s Office for its consideration.

Summary: We will not investigate this complaint about the Council’s decision to charge for homecare it arranged for Miss B’s father in 2022. Miss B is complaining too late and there is no good reason to investigate now.

Summary: Mrs X complained about how the Council dealt with her daughter, Y’s, education and special educational needs. Mrs X said this distressed her, impacted her financially and Y missed education and plan provision. There was fault in the way the Council delayed issuing the Education, Health and Care Plan and did not ensure Y received education and plan provision. This fault frustrated Mrs X’s right of appeal and Y missed education and provision. The Council has agreed to apologise and make a financial payment.

Summary: We will not investigate Mr X’s complaint about the Council’s actions relating to an Education, Health, and Care Plan for his child. Parts of the complaint are late and there are no good reasons why it could not have been made sooner. Of the parts that are not late, we are satisfied the Council has taken action to prevent a reoccurrence of the fault and offered a suitable remedy for Mr X’s injustice.

Summary: We will not investigate Miss X’s complaint about her brother, Mr Y’s, care and treatment by Gloucestershire County Council, Gloucestershire Health and Care NHS Foundation Trust and Minchinhampton Surgery. A significant amount of time has passed since some of the events complained about occurred which impacts on our ability to consider them now. We are unlikely to find fault on some points. Finally, further investigation by the Ombudsmen is unlikely to achieve the changes to Mr Y’s care that Miss X is hoping for.

Summary: We will not investigate Miss X’s complaint about her brother, Mr Y’s, care and treatment by Gloucestershire County Council, Gloucestershire Health and Care NHS Foundation Trust and Minchinhampton Surgery. A significant amount of time has passed since some of the events complained about occurred which impacts on our ability to consider them now. We are unlikely to find fault on some points. Finally, further investigation by the Ombudsmen is unlikely to achieve the changes to Mr Y’s care that Miss X is hoping for.

Summary: We will not investigate Mr B’s complaint that his car was damaged by a pothole. This is because it is reasonable for Mr B to pursue his compensation claim by taking the Council to court.

Summary: We will not investigate Miss X’s complaint about her brother, Mr Y’s, care and treatment by Gloucestershire County Council, Gloucestershire Health and Care NHS Foundation Trust and Minchinhampton Surgery. A significant amount of time has passed since some of the events complained about occurred which impacts on our ability to consider them now. We are unlikely to find fault on some points. Finally, further investigation by the Ombudsmen is unlikely to achieve the changes to Mr Y’s care that Miss X is hoping for.

Summary: Mrs X complained the Council has not made reasonable allowances for Disability Related Expenses for her son. We found fault with the Council’s rationale of declining a Disability Related Expense for Cetaphil. We did not find fault with the Council’s other decisions but are aware new evidence is now available to Mrs X. The Council agreed to reconsider its decision about declining a Disability Related Expense for Cetaphil. The Council also agreed to write to Mrs X to detail what evidence it needs so it can reconsider other Disability Related Expense requests.

Summary: We have upheld Ms X’s complaint about the Council’s delay in completing her child’s Education, Health and Care needs assessment. The Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

Summary: We will not investigate this complaint about the Council undertaking a child protection enquiry. There is not enough evidence of fault by the Council to warrant investigation.

Summary: We cannot investigate Mr X’s complaint about the care of a child. The law prevents us from investigating matters that have been subject to court action.

Summary: We will not investigate this complaint about the Education, Health and Care plan process. This is because the Council has agreed to an appropriate remedy for the injustice caused by the delay.

Summary: We will not investigate Mrs X’s historic complaint about unpaid charges for care provision. The complaint lies outside our jurisdiction because it is late and there are no good grounds to exercise discretion to consider this very late complaint now.

Summary: We will not investigate Mrs X’s complaint about the Council’s provision of care to her late mother, Mrs Y. This is because any injustice is not significant enough to justify our involvement.

Summary: We will not investigate Mr X’s complaint about delays in the Education Health and Care Plan process. This is because the Council has agreed to apologise to Mr X and pay him £100 per month for the delay. We consider this an appropriate remedy and further investigation is therefore unlikely to achieve anything more.

Summary: We will not investigate Mrs X’s complaint about delays in producing an Education Health and Care Plan as the Council has agreed to a proportionate way to resolve the complaint.