LGO Individual Decisions

Summary: Ms X complained the Council did not adhere to statutory timeframes when assessing her child’s education, health and care needs and the way the Council processed the needs request was discriminatory. We do not find the process discriminatory. There was fault in the way the Council delayed completing the assessment of needs. The Council has agreed to make a payment to Ms X to remedy the injustice caused by the delay.

Summary: We will not investigate this complaint about tree maintenance. This is because the complaint is late.

Summary: We cannot investigate Mrs X’s complaint about the content of an Education Health and Care Plan and the process the Council used to create it. Mrs X has appealed to the Tribunal.

Summary: We will not investigate this complaint about the Council failing to take action since August 2024 in response to the complainant’s reports of nuisance and anti-social behaviour by a neighbour. There is insufficient evidence of fault by the Council.

Summary: We will not investigate this complaint about charging for adult social care. Although there was delay by the Council, it has backdated charges to the correct start date and apologised for its delay in resolving the issue. We are satisfied with the Council’s actions to resolve the complaint, and it is unlikely an Ombudsman investigation would lead to a different outcome.

Summary: Ms C complained the Council delayed completing an education, health and care needs assessment, failed to provide alternative education and delayed responding to her complaint. The Council failed to comply with the timescales for the needs assessment and delayed issuing a final education, health and care plan, delayed putting in place alternative education and delayed considering Ms C’s complaint. That meant Ms C’s daughter missed out on education and Ms C experienced frustration and uncertainty. An apology and payment to Ms C is satisfactory remedy.

Summary: Ms X complained the Council delayed issuing her child’s first Education, Health and Care (EHC) Plan, did not provide a suitable secondary school place, and failed to provide alternative education. There was delay in issuing a final EHC Plan and delayed appeal rights, but no failure to provide education. The Council has agreed to apologise, pay Ms X £1000 to acknowledge the fault, and make service improvements.

Summary: Mr X complained about a lack of support from the Council when he told it his landlord was evicting him. We have found fault by the Council because it did not complete the actions set out in Mr X’s Personalised Housing Plan, did not offer him interim accommodation while it made enquiries into his case and took too long to accept the Relief Duty to him. The Council agreed to apologise and make Mr X a payment in recognition of the injustice caused to him.

Summary: Miss X complained about the outcome of her school transport appeal for her child and the arrangements the Council made, which she says caused her family significant anxiety. We did not find the Council at fault.

Summary: We will not investigate Mrs X’s complaint about the Council’s handling of a penalty charge notice. This is because it would be reasonable for Mrs X to apply to the Traffic Enforcement Centre to make a witness statement/statutory declaration.

Summary: We will not investigate this complaint about how the Council dealt with a complaint about the conduct of a councillor. This is because we are unlikely to find fault.

Summary: We will not investigate this complaint about housing benefit and Council tax reduction because there is a right of appeal to a tribunal.

Summary: We will not investigate this complaint about a Penalty Charge Notice. This is because the complainant could have followed the statutory process and appealed to the tribunal.

Summary: We will not investigate Mrs X’s complaint about irregularities in the Council’s application of highway regulations. This is because there is not enough evidence of fault to justify investigating.

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

Summary: We will not investigate this complaint about the Council's handling of a parking penalty charge notice as the complainant had the right to take his case to court.

Summary: Miss X complained about the Council’s delay issuing her child, Y’s Education, Health and Care Plan. We find fault, causing distress and uncertainty for Miss X. The Council has agreed to apologise and make a payment to Miss X.

Summary: We will not investigate this complaint about the Council’s handling of Ms X’s request for home to school transport. There is not enough evidence of fault by the Council for us to question its decision. Also, the Council has now granted transport which is the outcome Ms X wanted. An investigation by the Ombudsman would not lead to different outcome or achieve anything more.

Summary: We cannot investigate this complaint about a parking penalty charge notice as it has been considered by a tribunal and is therefore no longer within our remit.

Summary: Ms X complained that the Council caused delays when deciding her son’s special educational needs support. We have found that the Council was at fault, and that this likely caused Ms X distress. The Council has agreed to make a symbolic payment to recognise her injustice.

Summary: Mr X complained the Council did not act on his reports of anti-social behaviour, noise nuisance and bonfire nuisance from his neighbour. We did not find evidence of fault by the Council.

Summary: Mr X complained the Council failed to investigate or respond to his complaints about parking and traffic issues. Mr X said he is getting fined because he cannot park outside his home. We do not find the Council at fault.

Summary: There was fault by the Council because it took too long to respond to Ms X’s request for an Education, Health and Care needs assessment for her daughter Y. There is continuing delay in obtaining advice from an Educational Psychologist and making a decision on whether or not to issue an Education, Health and Care Plan. The Council will apologise and make symbolic payments to reflect the avoidable frustration and uncertainty.

Summary: Miss X complained the Council failed to provide suitable education for her child following their permanent exclusion from school in November 2023. We found fault with the Council failing to provide education for Miss X’s child from 30 November 2023 to 16 September 2024. We also found fault with the Council delaying outside the statutory timescales in completing an Education, Health and Care Plan Needs Assessment of Miss X’s child. The Council agreed to pay Miss X a further £4,270 for her child’s missed education. The Council also agreed to pay Miss X £800 for the frustration and anxie

Summary: We will not investigate this complaint that the Council has failed to respond to Mrs X’s information requests and has shared personal information about her. This is because the Information Commissioner is better placed to consider these matters.