LGO Individual Decisions

Summary: Ms M complained about the actions of Hampshire County Council (the Council), Hampshire and Isle of Wight Healthcare NHS foundation Trust (the Trust) and NHS Hampshire and Isle of Wight Integrated Care Board (the ICB). Ms M complained the organisations failed to ensure her child, S, received therapy provision set out in his Education, Health and Care (EHC) Plan. She also complained about the Council’s and Trust’s complaint handling. We have upheld parts of Ms M’s complaint relating to therapy provision and complaint handling. The organisations have accepted our recommendations. We have

Summary: Ms M complained about the actions of Hampshire County Council (the Council), Hampshire and Isle of Wight Healthcare NHS foundation Trust (the Trust) and NHS Hampshire and Isle of Wight Integrated Care Board (the ICB). Ms M complained the organisations failed to ensure her child, S, received therapy provision set out in his Education, Health and Care (EHC) Plan. She also complained about the Council’s and Trust’s complaint handling. We have upheld parts of Ms M’s complaint relating to therapy provision and complaint handling. The organisations have accepted our recommendations. We have

Summary: We cannot investigate Ms X’s complaint about which setting is suitable for a child’s education as Ms X appealed to the Tribunal. We cannot investigate how a school provides free school meals.

Summary: We will not investigate Mr X’s complaint about damage caused to his car by the Council’s contractor and the outcome of his claim for damages. This is because this is a complaint about negligence which is a legal matter for the courts to consider and decide. We cannot decide a negligence claim.

Summary: Miss X complained about the Council’s delays in the Education and Health Care Plan assessment process and about the lack of provision for her daughter after the Council issued the final EHC Plan. We found the Council was at fault for the delay in finalising the Plan withing the statutory timescales and the failure to ensure S received her therapies after February 2024. The Council agreed to apologise and pay Miss X a remedy to address the injustice its actions caused her and S.

Summary: We cannot investigate Mrs X’s complaint the Council failed to follow its complaint procedure. That is because Mrs X has started legal action against the Council.

Summary: Ms Y, on behalf of Mr X, complained about the Council’s handling of his care and support needs, as well as its failure to oversee the completion of a housing adaptation, leaving the work unfinished. We find the Council at fault for failing to respond to contact, properly consider safeguarding referrals, carry out required assessments, take reasonable steps to arrange appropriate care support, and ensure the housing adaptation was completed. These failings caused Mr X distress and uncertainty. The Council has agreed to apologise, make a payment to Mr X, and improve its services.

Summary: We cannot investigate Mrs X complaint about the contents of an Education Health and Care Plan. This is because she has used her right of appeal to the SEND Tribunal.

Summary: We will not investigate Mrs X’s complaint about the Council’s involvement with her family. The complaint is late and we are unlikely to find evidence of fault even if we did investigate.

Summary: We cannot investigate Mr Y’s complaint the Council named an unsuitable school placement in his child’s Education, Health and Care Plan. This is because Mr Y has appealed to the SEND Tribunal about the same matter. Will not investigate Mr Y’s other complaints because they are premature.

Summary: We will not investigate Ms Y’s complaint that her car was damaged by a pothole. This is because it is reasonable for Ms Y to pursue her compensation claim by taking the Council to court.

Summary: We will not investigate this complaint about delay by the Council arranging a school transport appeal and further delay in paying a backdated mileage allowance agreed at the appeal. The Council has now paid the sum owed, which means there is unlikely to be sufficient remaining injustice to Mr X to warrant investigation by us.

Summary: We cannot investigate this complaint about the Council handling of Mrs X’s complaint. She has confirmed she has taken court action regarding matters that are closely linked to the matters in her complaint. Despite her view they are separable, we are legally prevented from investigating this complaint.

Summary: We will not investigate Mr X complaint about the Council’s handling of his late father’s residential care charges. The Council has accepted it was at fault for not completing financial assessments sooner. It has apologised and offered a significant reduction in the outstanding invoice for care charges. Further investigation by us would not lead to a different outcome.

Summary: We will not investigate Mrs X’s complaint about an alleged data breach by the Council. This is because complaints about data matters such as this, are best considered and decided by the Information Commissioner’s Officer.

Summary: The Council accepted it failed to provide Miss X’s child, Y, with an education from September 2023 to April 2024, and then failed to attempt to secure alternative provision for Y. This resulted in Y missing two terms of education and caused Miss X distress and frustration. The Council has offered to make a payment to Miss X. I am satisfied with the Council’s proposed remedy.

Summary: We will not investigate this complaint about a social worker’s involvement in a court report. The law prevents us considering such complaints.

Summary: Ms X complained about the lack of education and provision provided for her child when they were not attending school. We found the Council at fault for a lack of robust action at some points. The Council has agreed to apologise and make a symbolic payment to remedy the injustice.

Summary: Mrs M complained the Council failed to secure the provision set out in her daughter’s education, health and care plan. The Council was at fault, and it has agreed to offer a financial remedy and formally apologise for this.

Summary: We cannot investigate Mr X’s concerns about the Council’s response to his complaint about a penalty charge notice. This is because Mr X used his appeal rights to the Traffic Penalty Tribunal.

Summary: We will not investigate Mr X’s complaint about Council officers’ decision-making and behaviour before his children’s adoption in 2022. The complaint is late and there are no good reasons to exercise discretion.

Summary: We cannot investigate Mr X’s complaint about the Council’s children services involvement in Court proceedings.

Summary: We will not investigate Mrs X’s complaint about how the Council conducted reviews of her adult child’s Education, Health and Care (EHC) Plan, alternative education provision and the Council’s conduct while dealing with her Tribunal appeal. Some issues are late. The law says we cannot investigate matters closely related to, or considered by, a Tribunal. Other bodies are better placed to consider issues about health provision and the Council’s compliance with General Data Protection Regulations. We also could not add to the Council’s investigation and responses on matters separable from

Summary: Mrs X complained the Council delayed issuing an education, health and care plan, did not get or consider important information, failed to provide alternative education, and handled her complaint poorly. She said this caused distress and anxiety, and meant her child lost out on education. We find the Council at fault and this caused injustice. The Council has agreed to apologise, make a payment to Mrs X, and improve its service.

Summary: Miss X complained the Council delayed issuing an education, health and care plan for her child, failed to provide sufficient alternative education, gave her misinformation about a placement, and communicated poorly with her. Miss X said this caused distress, meant she had to leave her job, and her child missed out on education. We find the Council at fault and this caused injustice. The Council will apologise and make a further payment to remedy the injustice.