LGO Individual Decisions

Summary: We will not investigate Mr X’s complaint about the Council’s plans to place a post and a speed limit sign outside his property. This is because there is insufficient evidence of fault by the Council and the injustice is not significant enough to warrant an investigation. There is also another body better placed to consider part of his complaint.

Summary: We will not investigate this complaint about the Council’s decision to refuse a dropped kerb application. This is because the complaint is late.

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

Summary: We cannot investigate Miss X’s complaint about incidents which occurred at her child’s school. This is because what happens in school is outside our jurisdiction. Nor will we investigate how the Council responded to Miss X’s concerns. This is because it is unlikely we would find fault and we are not able to achieve what Miss X is looking for.

Summary: Ms X complained the Council caused delays in the Education Health and Care Needs assessment and planning for her child, C. This has caused C to miss education and distress to C and the whole family. The Council is at fault and has agreed to a package of remedies.

Summary: We will not investigate Mr X’s complaint about an officer’s conduct as Social Work England is better placed. And we are unlikely to find significant fault in his other allegations about a hospital discharge meeting.

Summary: The Council has acknowledged that it took too long to complete a review of an Education Health and Care Plan for Miss X’s daughter. This caused distress and frustration and meant that the child missed education for four terms. In response to our investigation, the Council has offered Miss X a remedy, and this is appropriate to address the impact on her and her daughter.

Summary: Miss B complained about the education service provided to her son, C, who has special educational needs. We upheld the complaint, finding some fault by the Council when it delayed arranging a review of C’s Education, Health and Care Plan and in issuing a final plan following the review. This caused injustice as avoidable distress to Miss B and C. The Council has accepted these findings and at the end of this statement we explain what action it has agreed to take to remedy that injustice.

Summary: Mrs B complained the Council has failed to provide alternative education provision to her son, who I will refer to as C, and secure the provision set out in his Education, Health and Care (EHC) Plan since he stopped attending school. I have ended my investigation of Mrs B’s complaint. This is because Mrs B has appealed to a tribunal. We cannot investigate matters which are the subject of the appeal or are closely linked to the appeal.

Summary: Miss Y complained that the Council delayed completing the annual review process for her son, B’s, Education, Health and Care (EHC) Plan. We found the Council at fault and it has agreed to pay Miss Y £500 in recognition of the avoidable stress and uncertainty.

Summary: We will not investigate Ms X complaint about the help and support her family receives for her child’s disabled needs. We are unlikely to achieve anything significantly more than the reassessment and apology the Councill has already offered.

Summary: Mrs X complained about delays in reassessing Y’s Education, Health and Care needs and the Council’s failure to arrange alternative provision while Y was out of school. The Council was at fault for delays in reassessing Y’s needs and for failing to maintain oversight of the provision in place for him, causing uncertainty and frustration. The Council has agreed to apologise and make a payment to reflect the injustice.

Summary: We will not investigate Ms X’s complaint about the Council’s delay in completing an investigation report in relation to a flooding incident in her home. This is because the matter Ms X complains of is more 12 months old. There are no good reasons why she did not complain sooner.

Summary: We will not investigate Mr X’s complaint about the Council’s decision to name a mainstream school in his child’s Education, Health and Care Plan because he had a right to appeal the matter to the SEND Tribunal, and it was reasonable to expect him to use that right.

Summary: There were faults in the way the Council assessed Ms Y’s needs and her son, Mr X’s needs as her carer. There was also fault in the information it provided regarding direct payments and in the support provided by the Council commissioned care provider. There was no fault in the way the Council assessed Ms Y’s contribution to her care charges. The Council and care provider have already taken action to prevent a recurrence of the fault and have already apologised to Mr X. The Council has agreed to make a payment to Mr X to acknowledge the uncertainty, frustration and additional support h

Summary: We will not investigate this complaint about the way the Council dealt with Mrs X’s contacts about her child’s special educational needs. The matters she complains of are not separable from decisions made about the child’s special educational needs in respect of which she has exercised her right to appeal to a Tribunal. It is not a good use of resources to investigate the Council’s complaint handling when the substantive matter is not something we can investigate.

Summary: Mr X complained that the Council and his college failed to provide special educational provision in his Education, Health and Care Plan, had poor communication and complaint handling, did not allow him to enrol on courses he wanted and mis-recorded his personal information. We find no fault in the way the Council secured his special educational provision and handled his complaints. We have discontinued the investigation into his complaints about his college. Further investigation into the issues regarding special educational needs would not lead to a different outcome, and we cannot i

Summary: We will not investigate Mr B’s complaint that his car was damaged by an overhanging tree branch. 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 this complaint about the Care Provider’s actions when Mr Y declined care. The Care Provider has already taken suitable action to remedy the injustice caused, and we could not achieve anything more meaningful.

Summary: Miss X, on behalf of Mr Z, complained the Council failed to take account of Mr Z’s complex needs including mental health issues when providing accommodation as a care leaver. Although Mr Z was not provided with accommodation in the location of his choice, this is not due to any fault by the Council.

Summary: Mrs X complained the Council has failed to adhere to the statutory guidance when providing home to school transport for her son. She says her son’s journey time to and from school regularly exceeds 75 minutes. We do not find fault with the Council’s decision making.

Summary: We will not investigate this complaint about the Council not providing all the information requested under a subject access request.

Summary: Mrs X complained about the Council’s investigation under the statutory children’s complaints procedure into her concerns about the Council failing to adequately assess and provide support for her disabled child. The Council investigated the complaint and carried out the recommended actions without fault. However it delayed completing the stage two investigation which was fault. The Council has agreed to pay the £450 offered to Mrs X in its stage two response to acknowledge the distress, frustration and uncertainty caused by the delays and upheld complaints.

Summary: Mrs C complains the Council failed to complete her daughter Miss Y’s annual review and issue her Education, Health and Care Plan within statutory timescales. We find fault with the Council for delay and poor communication. We have agreed a symbolic payment for the frustration and distress caused.

Summary: We will not investigate this complaint that the Council has failed to make appropriate educational and special educational provision for the complainant’s son. Investigation is unlikely to add anything significant to the outcome which has already been achieved, or lead to a different outcome, and is not therefore warranted.