LGO Individual Decisions

Summary: We will not investigate this complaint about the actions of a building control officer, or the Council’s handing of the complainant’s building control application. The actions of the officer in a private capacity do not amount to an administrative function of the Council, and there is insufficient evidence of fault in the way the Council handled the related building control application.

Summary: We will not investigate this complaint about the Council’s response to Miss X’s reports of a housing hazard. The Council investigated her concerns and decided it did not need to act. Therefore, any further investigation by us is unlikely to achieve a different outcome.

Summary: Ms X complained about delays and faults by the Council in its administration and review of her son’s Education, Health and Care Plan. We found the Council was at fault for delay in updating the plan; in carrying out an assessment and in reimbursing her for the cost of an occupational therapy assessment. These faults caused significant distress to Ms X and her son. The Council has accepted these findings. At the end of this statement, we set out action it has agreed to take to remedy this injustice and improve its service.

Summary: Ms Y complains the Council handled Mr X’s homelessness application poorly. She says this caused Mr X to be homeless which impacted his health. The Ombudsman finds the Council at fault. The Council has agreed to apologise and make a payment to Mr X and take service improvement action.

Summary: Mrs X complains there were failings in the way the Council dealt with her son’s special education needs and carried out an Education Health and Care (EHC) needs assessment causing distress and loss of educational provision. We will not investigate Mrs X’s concerns about the EHC needs assessment in 2022 to 2023 because the complaint is late. We will not investigate Mrs X’s complaints about the Council’s decision not to issue an EHC Plan, and when it did, the school setting for Y as Mrs X has the right of appeal against the decisions. So, we have ended our investigation.

Summary: We will not investigate this complaint about an alledged failing by the Council to refer housing benefit appeals to the independent benefits tribunal. This is because the Council has confirmed the matters raised will be subject to appeals by the tribunal. On this basis, further investigation would not lead to a different achieve outcome.

Summary: We will not investigate this complaint about planning permission because there is insufficient injustice to warrant investigation.

Summary: We will not investigate this complaint about the Council’s decision on Ms X’s housing benefit and council tax support claims. It was reasonable for her to appeal to the independent benefits tribunal and the Valuation Tribunal following a review by the Council.

We cannot investigate Mr X’s complaint about the school allocated to his child. This is because he has used his right of appeal to a tribunal. We will not investigate the Council’s handling of the matter. Any fault causing injustice is not significant enough to justify our involvement.

Summary: We will not investigate this complaint about an alleged failure by the Council to pay the complainant’s invoices for care services. The issue concerns a contractual legal dispute and the complainant could reasonably take court action. Further, we will not investigate alleged fault around the Council’s safeguarding and procurement processes due to time and insufficient evidence of fault.

Summary: We will not investigate Mr X’s complaint about a Council’s school admissions appeal panel’s decision as it is unlikely we would find fault.

Summary: We will not investigate this complaint about delay in deciding a compensation claim for pothole damage as ultimately this is a matter for the courts.

Summary: Miss X complained about how the Council handled her application to join its housing register. We find the Council at fault for giving Miss X incorrect information and for failing to respond to her. The Council has agreed to apologise to Miss X, respond to her application and make a payment to recognise the injustice caused to her.

Summary: We will not investigate this complaint about the Council’s handling of various planning applications, including its refusal of Mr X’s own planning application. This is because his complaint is a late complaint and so falls outside our jurisdiction and, in relation to his own application, we cannot investigate it because he exercised his appeal rights to the Planning Inspectorate which places the matter outside our jurisdiction.

Summary: Mr X complained the Council issued him with a court summons for unpaid council tax and obtained a liability order, despite telling him at court it would withdraw the summons and not obtain a liability order. We find some fault with the Council’s actions, and it has agreed a remedy to address the injustice caused. However, we cannot investigate what happened at court because we cannot investigate the commencement or conduct of civil or criminal proceedings before a court of law.

Summary: Miss X complained the Council changed its decision to reimburse her mortgage broker fee, which the Council agreed to after it withdrew the first Right to Buy offer. We found the Council at fault. The Council has agreed to apologise and make a payment to Miss X.

Summary: We will not investigate this complaint about planning enforcement because the matter is out of time.

Summary: Miss X complained the Council failed to secure a school placement for her son, make suitable education provision, or meet his needs as specified in his Education, Health and Care Plan for a significant period. The Council accepted several faults and put forward a number of remedies. It has agreed to carry them out to remedy the injustice caused.

Summary: Ms C complains the Council arbitrarily reduced and calculated her brother’s, Mr A’s, care hours which caused added stress to her father who is his main carer. The Council is at fault for failing to properly assess, communicate and provide an avenue for challenging care assessments. This has caused Ms C and her family distress, anxiety and time and trouble. To remedy the complaint the Council has agreed to remind staff about completing assessments in line with the Care Act and about communicating decisions. It will pay symbolic payments to Mr A, Ms C, and their father for the injustice

Summary: We will not exercise discretion to investigate this complaint about disrepair in private rented property. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Miss X could not have complained to us sooner.

Summary: We will not investigate this complaint about how the Council communicated changes to its refuse collection. There is not enough evidence of fault to justify our involvement.

Summary: We will not investigate this complaint about the Council’s consultation for a proposed change to a parking zone. There is insufficient evidence of fault which would warrant an investigation.

Summary: We will not investigate this complaint that the Council keeps offering unsuitable properties and the complainant is facing eviction. This is because there is insufficient evidence of fault by the Council and because the complainant could use his review and appeal rights.

Summary: We will not investigate this complaint about the Council wrongly pursuing Mrs Y for housing benefit overpayments. That is because further investigation will not lead to a different outcome.

Summary: We will not investigate this complaint that the Council paid the £150 energy rebate into the complainant’s council tax account. This is because there is insufficient evidence of fault by the Council and insufficient evidence of injustice.