LGO Individual Decisions

Summary: We will not investigate this complaint about Mr Y’s death from choking in a care home. We could not achieve a meaningful outcome as we could not say care staff were responsible for Mr Y’s death. It remains open to Mr X to pursue civil proceedings.

Summary: We cannot investigate this complaint about the production and content of the complainant’s daughter’s Education Health and Care Plan. The complainant used her right to appeal to the First-tier Tribunal (Special Educational Needs and Disability) and this places the matter outside the Ombudsman’s jurisdiction.

Summary: We will not investigate Miss X’s complaint. This is because there is no sign of fault in the Council’s decision not to consider her complaint whilst there are ongoing court proceedings.

Summary: We will not investigate Mr B’s complaint about the Council’s handling of road widening works. This is because the alleged fault has not caused Mr B a significant injustice.

Summary: We will not investigate this complaint about an alleged failure to deliver speech and language therapy. This is because there is not enough evidence of fault by the Council. If the complainant wanted to challenge the content of their daughter’s Education, Health and Care Plan, it was reasonable for them to use their appeal rights.

Summary: Miss X complained the Council failed to provide suitable full time alternative education for her son from October 2023. In response to Miss X’s complaints about this the Council accepted fault and that it did not do enough to ensure a suitable education was provided. A suitable remedy is agreed to acknowledge this loss of education provision.

Summary: We will not investigate this complaint about a lack of support for carers in the Council’s area. This is because many of the issues raised happened too long ago and I seen no good reason why they could not have been raised sooner. We could not add to the Council’s investigation into other matters.

Summary: We will not investigate this complaint about the way the Council dealt with a complaint about an officer. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We are unlikely to find the Council has acted with fault.

Summary: Ms X complained the Council failed to complete her child’s annual review of their Education, Health and Care Plan in the correct timescales. Ms X also complained the Council failed to provide education for her child since September 2021. We found fault with the Council delaying for nearly one year in reviewing Ms X’s child’s Education, Health and Care Plan. We also found fault with the Council failing to consider if Ms X’s child needed support from their Education, Health and Care Plan from 26 November 2021 until 21 April 2023 while electively home educated. We also found fault with t

Summary: We will not investigate this complaint about the Council’s delay in responding to Mr X’s request for local parking restrictions to be applied to alleviate dangerous parking near his home. We will not investigate this complaint because the Council has remedied the delay by responding to the requests.

Summary: We will not investigate this complaint about planning permission and planning enforcement because there is no evidence of fault and the planning permission is out of time.

Ms Y did not receive oral care in line with her care plan and her family were given inaccurate information that changes to one of her medicines had been made, when the GP had not made changes. This was fault causing her family avoidable distress and the Council should apologise. There was fault in Ms Y’s personal care, but action has already been taken to remedy the injustice. We do not uphold complaints about actions taken after a fall, one-to-one care, support to go to bed or actions taken in response to weight loss.

Summary: We will not investigate this complaint about the Council’s assessment and charging of Mr X as further investigation would not lead to a different outcome.

Summary: We will not investigate this complaint about a council tax precept as it impacts all or most of the people in the Council’s area and so is not within our remit.

Summary: We will not investigate Mr X’s complaint about lack of support when he moved to a new property. We could not add to the previous investigations by the Council and housing provider.

We will not investigate this complaint about the Council’s consideration of a taxi licence exemption for a driver under the Equality Act 2010. There is insufficient evidence of fault which would warrant an investigation. If the exemption is refused the complainant has a right of appeal to the Magistrates Court.

Summary: X complained the Council failed to be transparent when granting permission to a neighbouring development and failed to notify them about the proposal. They said the Council failed to consider the impact on wildlife and did not investigate alleged breaches of planning permissions. X also said the Council did not have regard for local and national planning policies when making its decision. We have not found the Council acted with fault.

Summary: We will not investigate this complaint about the Council’s decision not to take enforcement action against noise nuisance from business premises close to Mr X’s home. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant investigation.

Summary: We will not investigate this complaint about the Council’s decision that building regulations do not apply to his neighbour’s car port which is about twenty years old. There is not enough evidence of fault in the Council’s actions to justify an investigation.

Summary: We will not investigate this complaint about the Council granting planning permission for the change of use of a building near the complainant’s home. There is not enough evidence to conclude that fault in the decision-making process is likely to have affected the outcome.

Summary: We will not investigate the Council’s responses to Mr X’s complaint about delays in completing his carer’s assessment. That is because it is a late complaint and there are no good reasons for us to investigate.

Summary: We will not investigate this complaint about the Council’s decision not to remove some vegetation or maintain a verge. This is because the complainant could take legal action. We will not investigate a complaint that the Council prolonged the complaints process because there is insufficient evidence of fault.

Summary: We will not investigate this complaint about a Community Charge Levy (CIL) because the matter is out of time and could be appealed to a Planning Inspector.

Summary: We will not investigate Mr X’s complaint about the Council’s handling of his financial assessment. Mr X complains the Council refused some of his requested disability related expenditure, refused to appoint him an independent advocate to help him with the financial assessment process, and about the minimum income guarantee amount used. This is because there is insufficient evidence of fault.

Summary: Mr F complains his son, B, has been out of school for two and a half years and the Council has refused to make alternative arrangements for his education. I have discontinued my investigation as the Council has now begun legal proceedings against Mr F in respect of B’s non-attendance.