LGO Individual Decisions

We cannot investigate this complaint about the Council’s response to antisocial behaviour complaints.

Summary: We will not investigate this complaint about a parking penalty charge notice as it is reasonable to expect the complainant to have appealed against it using the appeal process open to him.

Summary: We will not investigate Mrs X’s complaint about the issuing of a Fixed Penalty Notice (FPN). She can defend the matter in court if she considers there is fault in the issuing of the FPN and wants to challenge it.

Summary: Mr X complained using the children’s statutory procedure about support he received as a care leaver. The Council frustrated his right to a stage three independent panel under the procedure and failed to consider related issues covered by other complaints procedures such as adult social care. In recognition of the frustration and uncertainty caused, the Council has agreed to apologise, carry out a stage three independent panel in line with the relevant guidance and take action to prevent recurrence of this fault in future.

Summary: We will not investigate Dr B’s complaint about the Council’s delay providing a larger refuse bin. This is because an investigation would not add to the Council’s own investigation.

Summary: The Council was at fault for a delay in deciding Mrs X’s son’s special educational needs support, for failing to deliver all of the support, and for failing to properly look into Mrs X’s complaint that the support was not being delivered. This likely caused Mrs X and her son distress. The Council has agreed to apologise, to make symbolic payments to recognise their injustice, and to improve its service.

Summary: Miss X complained that the Council failed to provide the required special educational needs provision in accordance with her daughter’s Education, Health and Care Plan. Miss X also complained that there was a delay in providing her daughter with alternative education when her school ended her daughter’s placement. We have found no fault and therefore are closing the complaint.

Summary: We will not investigate this complaint about the Council’s handling of Mrs X’s anti-social behaviour (ASB) complaint. This is because some parts of the complaint are late and there are no good reasons to consider it now, and therefore outside our jurisdiction. Of the parts remaining, there is not enough evidence of fault to justify investigation.

Summary: The Council failed to review Miss X’s child, Y’s, Education, Health and Care (EHC) Plan for nearly two years. It also delayed responding to Miss X’s complaint. This caused Miss X prolonged uncertainty and frustration. During this time Y stopped attending school and struggled to access alternative provision. The Council has agreed to apologise, review Y’s EHC Plan and make a payment to Miss X. It should also review its EHC Plan review processes.

Summary: We will not investigate Mr X’s complaint about the council’s handling of his council tax discount. This is because, at our invitation, the Council agreed to make a symbolic payment to Mr X. We consider this a suitable remedy.

Summary: We will not investigate this complaint about the Council’s decision to increase charges for its transport service. Mr X has not sustained a personal injustice due to this. In addition, an investigation would be unlikely to find fault in the Council’s actions.

Summary: We will not investigate this complaint about a right to buy discount as there is insufficient evidence of fault by the Council and Mrs X may be able to challenge the matter in court.

Summary: We will not investigate Miss B’s complaint about a Penalty Charge Notice she received for an alleged parking contravention. This is because it is reasonable for Miss B to put in an appeal to the Traffic Penalty Tribunal.

Summary: We will not investigate this complaint about the Council’s assessment of a homelessness application. It was reasonable for Mr X to use the review/appeals procedure provided by the legislation.

Summary: We will not investigate this complaint about charging for adult social care. We are satisfied with the action the Council has taken to waive outstanding charges. It is unlikely an Ombudsman investigation would achieve anything further.

Summary: Mr X complained the Council repeatedly missed waste collections from his property and failed to deal with reports of fly-tipping and stolen bins, causing frustration and distress. We found the Council at fault, and it agreed to apologise and make payments for the distress it caused. We also found the Council should act to improve its processes and internal communication.

Summary: Miss X complained about the Council’s decision not to provide her with son with home to school transport. We find the Council was at fault for failing for consider Miss X’s son’s ability to walk to school. This has caused Miss X uncertainty and frustration. The Council has agreed to apologise to Miss X and rehear her stage two appeal with a different panel.

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

Summary: We will not investigate this complaint about the Council’s waste collection. This is because the claimed injustice is not significant enough to warrant investigation.

Summary: We will not investigate this complaint about Mr X’s complaint about the Council issuing him a Fixed Penalty Notice. This is because we have not seen enough evidence of fault in the Council’s actions.

Summary: We will not investigate this complaint about liability for Council tax because there is a right of appeal to a Valuation Tribunal.

Summary: We will not investigate Mr X’s complaint that a Council officer accused him of lying about his address when he was being issued a Fixed Penalty Notice. This is because there is insufficient evidence of fault by the Council to warrant a further investigation by this office.

Summary: We will not investigate this complaint about a penalty charge notice and the Council’s use of enforcement agents. This is because Mr X had a right of appeal to the Traffic Penalty Tribunal, and it is reasonable to expect him to have used this. The Council has also considered his request for reasonable adjustments and gave him the opportunity to pay the penalty charge notice directly to them.

Summary: We will not investigate this complaint about inadequate security measures at a council car park. This is because the injustice Miss X claims stems from the actions of an unknown third party who broke into her car and we cannot hold the Council responsible for this. If Miss X believes the Council should be liable it would be reasonable for her to make a claim against it at court.

Summary: Mrs X complained the Council delayed in completing an annual review of her child, B’s, Education, Health and Care Plan. We find the Council at fault for a delay in completing the annual review and poor communication about the personal budget. This caused B to miss education. The Council has agreed to apologise, make a symbolic payment and complete service improvements to remedy the injustice caused.