LGO Individual Decisions

Summary: Mrs B complained the Council failed to provide her son (X) with a full-time education, provision in his Education, Health, and Care plan, and alternative provision since Autumn 2021. We found part of Mrs B’s complaint was late, and there was no fault in the process the Council followed to reach its views around X’s education. It therefore made decisions it was entitled to make. Mrs B also had appeal rights to the SEND Tribunal available to her throughout, which she should have exercised.

Summary: We will not investigate this complaint about an alleged data breach due to the way the Council sent documents to the complainant. This is because it is a matter for the Information Commissioner and because the Council has provided a satisfactory response.

Summary: Mrs X complained the Council did not properly deal with her daughter’s Care Act assessments during her transition from the Council’s Children Services to its Adult Services. Mrs X also complained that this resulted in the Council failing to provide her daughter with a suitable supported living accommodation to meet her needs. There was no fault by the Council with how it dealt with Mrs X’s daughter’s transition to adult social care provision.

Summary: We will not investigate this complaint about how the Council dealt with a complaint about a councillor because further investigation would not lead to a different outcome.

Summary: We will not investigate this complaint about how the Council dealt with a complaint about the conduct of a councillor. This is because the complainant has not suffered significant injustice.

Summary: We will not investigate Mrs X’s complaint about the support and advice provided by the Council’s special educational needs and disability information, advice, and support service (SENDIASS). This is because there is insufficient evidence of fault.

Summary: We will not investigate this complaint that the Council will not provide alternative parking or access so the complainant can access a riverbank. This is because there is insufficient evidence of fault by the Council.

Summary: We will not investigate this complaint about the Council’s handling of Mr X’s request that it carry out works to a tree and hedge close to his home. This is because there is no evidence to suggest fault by the Council.

Summary: We upheld Ms X’s complaint about the Council’s failure to provide suitable educational provision for Y between April and July 2023. The Council will apologise and make a payment of £1500 to reflect this.

Summary: There is no evidence of fault in the way a care agency, acting on behalf of the Council, delivered Ms X’s home care, and no fault in the way it, or the Council responded to her complaints about this.

Summary: We will not investigate this complaint about court costs for council tax arrears. This is because there is insufficient evidence of fault by the Council.

Summary: We will not investigate this complaint about the content of an Education, Health and Care Plan. Mrs X has appealed to a tribunal and so the complaint is outside our jurisdiction with no discretion to investigate.

Summary: We will not investigate this complaint about the way the Council considered and approved a planning application. 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 requiring a private landlord to pay the current higher fee for a selective licence for his premises. There is insufficient evidence of fault which would warrant an investigation.

Summary: We will not investigate this complaint about the Council’s involvement in Mrs and Mr X’s grandchildren’s case. The complaint is not separable from matters that have been considered in court.

Summary: Mr X complains about the Council’s decision to grant planning approval for an application which is in conflict with the Durham County Plan (DCP) and the Strategic Housing Land Availability Assessment (SHLAA). We will not investigate the complaint because the tests in our Assessment Code are not met and there are insufficient grounds to warrant an investigation.

Summary: We will not investigate Mrs X’s complaint about the Council’s delay in processing her insurance claim and denying liability for damage to her parent’s graves which she claims was caused by the actions of its groundskeepers. It is reasonable for Mrs X to continue her claim with the Council’s insurers. If the insurers refuse her claim she can take her damage liability claim to court as it is a legal dispute only the courts can now decide.

Summary: We will not investigate this complaint about a period of intermediate care and a subsequent invoice. There is insufficient evidence of fault to justify us investigating the matter.

Summary: Mr C complains about the Council’s care charges and increases in care to his brother. The Council is at fault for making changes to a support plan without clarifying the services provided, and providing wrong and delayed invoices. These faults have caused frustration, time, and trouble. To remedy the complaint the Council has agreed to apologise to Mr C, make him a symbolic payment, and provide a detailed amended invoice. It will also make service improvements.

Summary: We will not investigate this complaint about the Council’s decision not to award another Discretionary Housing Payment. This is because there is insufficient evidence of fault by the Council.

Summary: We will not investigate Mrs X’s complaint that her husband’s care home took 40 hours to act on a fall her husband had. This is because we are not likely to find fault with the care provider for not seeking medical advice earlier. There does appear to be fault with the care provider’s record keeping. However, the potential fault has not caused any significant injustice.

Summary: We will not investigate Mrs X’s complaint about the Council’s decision her son does not qualify for free home to school transport. This is because there is no sign of fault by the Council.

Summary: We will not investigate Mrs X’s complaint about the response to her complaint from the Durham Police and Crime Panel. This is because it does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is insufficient personal injustice caused to her and this is not a complaint that we would investigate in the public interest.

Summary: Miss Y complains the Council and ICB will not pay for a gym membership for her, which she believes she is eligible for under her S117 aftercare plan. I have reviewed Miss Y’s plan. The Council and the ICB did not say they would provide funding so there is no fault.

this complaint about the Council’s to decline a discretionary housing payment application. There is insufficient evidence of fault which would warrant an investigation.