LGO Individual Decisions

Summary: We will not investigate Mr X’s late complaint about the Council’s handling of his child’s case between 2018 and 2019. The issues raised are closely connected to court proceedings about care arrangements for Mr X’s child. There are no good reasons to exercise discretion to investigate this late complaint now. Further, the existence of court action creates a permanent and absolute legal bar that prevents us from investigating the matter.

Summary: We will not investigate this complaint about care arrangements for Miss X's child. The law prevents us from investigating anything that is or has been the subject of court proceedings. We also cannot achieve the outcome Miss X wants.

Summary: We will not investigate the way the Council has informed Mr X that it intends to revoke his taxi licence. This is because it will be reasonable to expect Mr X to use his legal right to appeal to the magistrates’ court.

Summary: We will not investigate this complaint about the Council not taking enforcement action against reports of planning breaches. This is because there is not enough evidence of fault to warrant us investigating.

Summary: We cannot investigate Ms X complaint about whether education provision is suitable for her child as she has appealed to the Tribunal.

Summary: Ms X complained the Council failed to provide education in line with the EOTAS package since July 2023. The evidence shows that the Council failed to provide all the provision in Section F of the Education, Health and Care Plan for less than one term following a tribunal decision in January 2024. The Council has agreed to make a payment to recognise the loss of provision as well as the distress caused.

Summary: We will not investigate this complaint about delays in the Council assessing Mr X’s care needs and finances. This is because any delay would not have caused an injustice to Mr X.

Summary: We cannot investigate Mr B’s complaint about the Council’s refusal of his planning application. This is because Mr B put in an appeal to the Planning Inspector.

Summary: The Council delayed securing the provision in Mr X’s child, Y’s, Education, Health and Care (EHC) Plan. This caused Y to miss out on the special educational needs provision in their EHC Plan and caused Mr X uncertainty and distress. The Council should apologise and make a payment to Mr X to recognise the impact of the missed provision.

Summary: We will not investigate Mr X’s complaint that the Council has failed to arrange suitable education provision for his child. This is because Mr X has a right of appeal to a tribunal that it is reasonable for him to use and because part of his complaint is made late.

Summary: We will not investigate this complaint about the Council’s assessment of a housing application. There is not enough evidence of fault by the Council to justify an investigation.

completing an Education, Health and Care (EHC) Plan which resulted in her daughter, B, missing educational support. Ms C also complains the Council has not repaid her for a privately arranged educational psychology report and private tuition costs. The Council has accepted delays in completing an EHC Plan. It has agreed to apologise to Ms C, make a symbolic payment and repay Ms C for tuition costs and the cost of a private educational psychology report.

Summary: We will not investigate this complaint about the Council’s consideration of a planning application. This is because we are unlikely to find fault.

Summary: We will not investigate Mrs X’s complaint about the Council’s involvement with a planning application for her neighbour’s property. This is because the alleged faults did not cause significant enough injustice to warrant an investigation.

Summary: We will not investigate this complaint about the Council’s refuse crew giving false information in response to a report about a missed garden waste collection. We do not consider the complainant has suffered a significant personal injustice which warrants an investigation.

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 found fault on Mrs Y’s complaint about the Council failing to follow statutory timescales with her son’s Education, Health and Care plan as well as its own timescales with its complaints procedure. These failings caused her injustice as it delayed her ability to appeal as well as causing some frustration. The Council agreed to send a written apology, pay £200 for failing to follow statutory timescales, and review why these failures happened along with the delay with it responding to her formal complaint.

Summary: We will not investigate this complaint about how the Council dealt with the complainant’s planning application. This is because the complainant had the right to appeal to the Planning Inspector.

Summary: Mr Y complains about the Council’s decision to fund a residential nursing home placement for his mother, rather than a package of domiciliary care. There is no evidence of fault in the Council’s assessment which calls the outcome into question. The Council is entitled to consider cost efficiency when deciding between suitable options to meet a person’s eligible care needs.

Summary: We will not investigate this complaint about a late council tax bill. This is because there is insufficient evidence of injustice.

Summary: We will not investigate Miss X’s complaint the Council ignored her safeguarding concerns about her child. The law prevents us from investigating anything that is the subject of court proceedings. It would be reasonable to expect Miss X to raise any concerns she has in court.

Summary: We cannot investigate this complaint about child protection because we cannot investigate what happened in court and the issues are intrinsically linked to legal proceedings.

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 Mr X’s complaint about the Council’s decision not to carry out an Education Health and Care Needs Assessment or the Councils’ actions in relation to his daughter’s personal budget. These complaints are late and there are no good reasons to exercise discretion to accept this late complaint now.

Summary: We will not investigate Miss X’s complaint about the Council not authorising a school place offered to her daughter, or naming that school in her daughter’s Education, Health and Care Plan. This is because she has already used her right of appeal at Tribunal.