LGO Individual Decisions

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

Summary: We will not investigate this complaint about the Council’s refusal to fell or regularly maintain a tree near Ms X’s property. There is insufficient evidence of fault to warrant an investigation.

Summary: We will not investigate this complaint about Council tax because the matter affects all or most of the population of the area.

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

Summary: We cannot investigate this complaint from a parish council about the Council’s handling of planning enforcement matters. This is because we cannot investigate complaints from public bodies such as parish councils.

Summary: We will not investigate Miss X’s complaint about the Council’s decision her children do 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 Ms X’s complaint about how the Council considered a councillor conduct complaint. This is because there is insufficient evidence of fault.

Summary: We will not investigate this complaint about the Council charging a premium rate of council tax for a period between 2019 and 2021. This is because the Council’s decision carries a right of appeal to the Valuation Tribunal which the evidence shows the complainant could reasonably exercise. The complaint is also late and there are no good reasons why we should exercise our discretion and investigate.

Summary: We will not investigate this complaint about how the Council considered Miss X’s application for a discretionary housing payment. There is not enough evidence of fault in how it handled her application and any injustice there may have been in how the Council communicated with her, has already been addressed.

Summary: Ms X complained about how the Council funded her son’s education. The Council was at fault for failing to have suitable oversight of how it funded Z’s education and in how it decided to reduce Z’s funding. This allowed the funds to be misused and meant Z did not receive all the special educational provision he needed. The Council will review Z’s Education, Health and Care Plan, and put this Ombudsman’s decision to its family and children’s services overview and scrutiny committee.

Summary: We will not investigate this complaint about the way the Council considered planning applications to vary conditions on planning permissions for converting outbuildings to holiday cottages. We have not seen sufficient evidence of fault to justify an investigation.

Summary: Ms X complained the about the way the Council handled reports of flooding at her property caused by blockages along a watercourse. Ms X said as a result her property continues to flood. We have not found the Council at fault.

Summary: We will not investigate this complaint about the Council not amending Miss X’s children’s Education Health and Care Plans as ordered by a Tribunal. The provision required for her children remained a matter for the Tribunal until it reached a final decision as Miss X appealed to the Upper-tier Tribunal after the First-tier Tribunal’s decision.

Summary: We will not investigate this complaint about the location of a settlement boundary within the Council’s Local Plan. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The Local Plan, including the settlement boundaries were approved by the Planning Inspectorate and complaints about its content are therefore outside our jurisdiction.

Summary: We will not investigate this complaint about an alleged breach of the Equality Act 2010 and Local Government Act 1999. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. Breaches of the Equality Act 2010 are matters for the courts. Failure to obtain best value according to the Local Government Act 1999 is a matter which affects all or most of those within the Council’s area and is therefore outside our jurisdiction.

Summary: Ms X complains the Council failed to respond to her complaint regarding noise from various premises. There is no evidence of fault by the Council causing injustice.

Summary: We will not investigate Mrs X’s complaint that the Council failed to safeguard her father from neglect in the months prior to his death. The Council has appropriately investigated and responded to her concerns. An investigation by us would be unlikely to add to the Council’s investigation or achieve anything more.

Summary: Mrs X complained the Council provided inaccurate/incorrect information about the extent to which she needed to cut back her hedge to comply with sightline requirements. The Council’s failure to provide clear and accurate advice or instructions regarding the extent to which Mrs X needed to cut back her hedge is fault. This fault has caused Mrs X an injustice.

Summary: We will not investigate this complaint about a meeting chaired by the Local Authority Designated Officer. There is not enough evidence of fault to justify our involvement.

Summary: We will not investigate Mr B’s complaint that his property has been damaged due to the Council’s failure to re-lay a pavement properly. This is because this complaint is late and it is reasonable for Mr B to pursue this matter via the Council’s insurers, and if needed, the courts.

Summary: Mr A has complained about a Trust and a Council in relation to his father’s discharge from hospital. We found fault with the Trust but not the Council.

Summary: Mrs X complains the Council failed to provide enough support for her under s117 of the Mental Health Act. We will not investigate the complaint because it is late and we have not found a good reason to put that aside and investigate it now.

Summary: Mr X complains the Council failed to properly consider the impact of a neighbour’s plan for an extension. He says his house and garden will be overshadowed by the extension. We find there was fault by the Council. However, the outcome would not have changed.

Summary: We will not investigate this complaint about the Council’s failure to provide information in 2013. The complaint is late, and we have seen

Summary: We will not investigate this complaint about the Council’s decision to approve a planning application for changes to parking facilities and traffic flow at a site close to the complainant’s home. We have not seen sufficient evidence of fault in the way the Council made its decision. Nor can we require the Council to revoke the planning permission.