LGO Individual Decisions

Summary: We will not investigate this complaint about the Council’s handling of the removal of Ms X’s car to the pound. This is because an investigation is unlikely to add to that already carried out by the Council or lead to a different outcome.

Summary: We will not investigate this complaint about the Council’s refusal to carry out excavation work on its own property to assess groundwater problems in a neighbouring garden. We have no jurisdiction to investigate complaints about the management of housing owned by social housing landlords.

Summary: Mrs X complains the Council has not dealt properly with her son Y’s Special Educational Needs (SEN). The Council is at fault because it did not hold an annual review properly. Y lost education provision and Mrs X was denied the ability to appeal to Tribunal. The Council should apologise, Pay Mrs X £6000 for lost education provision, £400 for her time and trouble and avoidable distress, make a decision about incurred costs, provide an action plan and staff training.

Summary: Ms X complained that the Council failed to award sufficient priority to her housing register application to enable her to bid successfully for suitable social housing. She says her current property is not suitable for her son’s needs. We found no fault on the Council’s part.

Summary: We will not investigate this complaint about the Council’s decision to refuse the complainant a discretionary housing payment. This is because there is insufficient evidence of Mr X being caused a significant and personal injustice as a result of the alleged failing. It is also unlikely we could add to the Council’s proposed outcome.

Summary: We cannot investigate this complaint about the Council’s maintenance of Miss X’s neighbouring properties as the law says we cannot do so.

Summary: We will not investigate this complaint about alleged failure to complete a checklist for NHS funding. This is because even if there was fault, we cannot say it caused injustice because we cannot say the person receiving care services would be eligible for NHS funding. There is no worthwhile outcome achievable from an Ombudsman investigation, and we cannot achieve the outcome the complainant wants. The complainant can make a retrospective application to the NHS for funding.

Summary: We will not investigate this complaint about the Council’s decision not to investigate a complaint that a councillor breached the code of conduct. The complaint to the Ombudsman is late and we have seen no reason why the complainant could not have approached us much sooner.

Summary: We will not investigate this complaint about delays in the completion of work under a Disabled Facilities Grant and lack of communication. The complainant has confirmed all work except concerns about water pressure has been resolved. The Council confirms the local water authority has an appointment to visit the complainant at home to resolve this remaining issue. We consider that further investigation will not lead to a different outcome.

Summary: We will not investigate this complaint about damage to Mr X’s car caused by an unsecured gate during windy weather. This is because t

Summary: We will not investigate this complaint about how the Council dealt with an application for a school place. This is because the complainant has appealed to a tribunal and so the case is outside our jurisdiction.

Summary: We will not investigate Mr B’s complaint about the Council’s refusal to allow his late wife, Mrs B, to return to their home. This is because it is unlikely we would find enough evidence of fault with the actions taken by the Council to warrant an ombudsman investigation.

Summary: Mr C complained about the Council’s response to his homeless application and the suitability of the accommodation provided.

Summary: We will not investigate Mr X’s complaint that the Council failed to provide his mother with sufficient information about the disabled facilities grant conditions. Specifically, that a local land charge would be applied to the property. This is because there is insufficient evidence of fault.

Summary: We will not investigate this complaint about how the Council dealt with the complainant’s concerns about damage caused to her home by her neighbour’s building work. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate.

Summary: Miss X complained the Council failed to secure the provision set out in her son, Y’s Education, Health and Care Plan, and failed to make alternative provision available for him once he was excluded from school. We find the Council at fault for failing to secure Y’s Education, Health and Care Plan provision, for failing to consider alternative provision for him, and for failing to keep complete contact notes. The Council has agreed to apologise, make a payment to recognise the injustice caused by the fault, review Y’s Education, Health and Care Plan and act to prevent recurrence.

Summary: We will not investigate this complaint about the Council’s decision to remove an application from the housing transfer register. There is insufficient evidence of fault which would warrant an investigation.

Summary: We will not investigate this complaint about the Council’s handling of Ms X’s complaints about her neighbours. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

Summary: We will not investigate this complaint about the amount of time it took the Council to complete Mrs B’s carers assessment or the communication issues she had with staff about the assessment. This is because we could not achieve anything worthwhile by investigating.

Summary: We will not investigate this complaint about Mrs X’s request for her late father’s social care records. The Information Commissioner’s Office is best placed to consider requests for information made under the Freedom of Information Act 2000.

Summary: Miss C complained about the suitability of the temporary accommodation provided by the Council which left her in unsuitable accommodation for longer than necessary with her young child. We have found fault by the Council but consider the agreed action of an apology, payment and service improvement provides a suitable remedy.

Summary: Ms B complained that the Council incorrectly used an attachment of earnings to recover council tax arrears directly from her wages when she was making payments in accordance with an agreed arrangement. It also delayed in responding to her complaint. We found fault with the Council’s actions. It has agreed to pay Ms B £250 and improve the operation of its complaints procedure.

Summary: We will not investigate this complaint about errors in Mr X’s Council Tax account as the matter has been remedied.

Summary: We will not investigate this complaint about the Council’s failure to comply with the terms of a private lease agreement which it held with Mr and Mrs X. It is reasonable for the complainants to seek a remedy in the courts which are the only body which can determine legal claims.

Summary: We will not investigate this complaint about debris in the complainant’s garden. This is because we have no remit to consider complaints about the Council’s actions when it is acting as a social housing landlord.