LGO Individual Decisions

Summary: We will not investigate Mr X’s complaint the Council ignored his safeguarding concerns for his child. The matter is closely related to current court proceedings about the child’s safety and care arrangements. The existence of this court action creates a permanent and absolute legal bar that prevents us from investigating this matter further.

Summary: We will not investigate Mr X’s complaint about the Council’s handling of contact between him and his children. The law prevents us from investigating anything that is or has been subject of court proceedings.

Summary: We will not investigate this complaint about the Council refusing to take action to deal with overhanging tree branches. There is not enough evidence of fault in the Council’s decision-making process to warrant us investigating.

Summary: Mr X complained the Council failed to arrange his transfer to another local authority area, started and stopped the transfer process three times and failed to tell him the Council was not responsible for arranging a housing transfer until 2024. The way the Council reached the decision that it was not responsible for Mr X’s housing transfer was not affected by fault. However, the Council’s communications with Mr X and Mrs Y have been confused. That raised their expectations and caused them frustration now the accurate position has been explained. An apology, payment to Mr X and Mrs Y,

Summary: We will not investigate this complaint about the Council’s decision not to take enforcement action against a developer for breaching planning control and the Hedgerow Regulations. We have not seen enough evidence of fault in the process leading to the Council’s decision. Also, we consider Mr X has not suffered a significant personal injustice because of a failure to follow the complaints process which warrants our involvement.

Summary: We will not investigate this complaint about how the Council dealt with a planning application. This is because the complaint is late. It is also unlikely we would find fault.

Summary: We will not investigate this complaint about how the Council dealt with a possible breach of planning control. This is because we are unlikely to find fault.

Summary: We will not investigate this complaint about the Council’s actions when contacting the complainant’s mother about a dangerous wall and disregarding its obligations under the Equality Act 2010. We consider further investigation would not lead to a different outcome. Also we cannot achieve the outcome someone wants. And it is reasonable to expect the complainant to contact the Information Commissioner’s Office with concerns about the Council’s failure to share information.

Summary: We will not investigate this complaint about the process of assessing the complainant’s daughter’s education, health and care needs. This is because the complainant had the right to appeal about the outcome to the First-tier Tribunal (Special Educational Needs and Disability)

Summary: Mr D complained the Council placed him in unsuitable accommodation after he applied for homelessness assistance. I have not found any evidence of fault by the Council.

Summary: We will not investigate this complaint about a food hygiene rating. This is because there is not enough evidence of fault or injustice to justify our involvement.

Summary: We will not investigate Mr X’s complaint about damage caused to his driveway by the Council’s contracted waste collection service. This is because it is reasonable for Mr X to take the matter to court.

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

Summary: We will not investigate this complaint about Council tax exemption and backdating as these matters can be appealed to a Valuation Tribunal and there is insufficient evidence of fault by the Council.

Summary: Mrs X complained about how the Council handled a safeguarding concern she raised about her relative. We find the Council at fault for a flawed safeguarding decision, an unreasonable delay in completing a care and support assessment, and a failure to involve Mrs X in that assessment. The Council has agreed to apologise to Mrs X.

Summary: Mrs X complained that the Council failed to complete an Education, Health and Care needs assessment for Y within statutory deadlines and failed to provide alternative provision while she was out of school. We find the Council at fault for delays, causing uncertainty and distress for Mrs X and Y. The Council has agreed to apologise and make a payment to recognise the injustice.

Summary: We will not investigate this complaint about how long the Council took to resolve Mr X’s query over the phone. This is because it is unlikely we would be able to add to the Council’s investigation into the matter, or find that Mr X was caused significant injustice due to Council fault.

Summary: We will not investigate this complaint about highway maintenance and drainage issues. This is because the courts are better placed to consider the matter.

Summary: We will not investigate this complaint about the Council refusing the complainant’s planning application after a 4-year delay, and despite it previously providing positive pre-application advice. There is insufficient evidence of fault in the pre-application advice given by the Council, it is reasonable to expect the complainant to have used his rights of appeal to the Planning Inspector, and we are satisfied with the action the Council has proposed in response to the complaint.

Summary: Mr D complains the Council has failed to properly assess and meet his care needs, communicate with him and respond to his complaints. The Council has accepted fault in failing to complete a care needs assessment for Mr D, communicate with him, and deal with his complaints. The Council has agreed to apologise to Mr D, make him a symbolic payment, assess his needs; and provide him with a personal budget. It will also consider whether it should repay any costs Mr D has incurred because of the Council’s delay and make service improvements.

Summary: Miss X complained that the Council failed to agree an affordable repayment plan for her council tax arrears. We do not find the Council at fault.

Summary: We will not investigate Miss X’s complaint about the Council’s decision to reduce her care provision. This is because it is unlikely we would find fault in the Council’s decision.

Summary: We cannot investigate Mr X’s complaint that he suffered financial losses and personal injury from a road traffic accident due to the Council’s failure to repair a defect in the road. This is because Mr X has started court action about the matter.

Summary: We will not investigate Ms X’s complaints about the Council’s decision to reduce her care package, its failure to act on safeguarding referrals and that she was left without care for a period of time. There is not enough evidence of fault to justify an investigation.

Summary: We will not exercise discretion to investigate this complaint about the Council’s assessment of a housing application. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mrs X could not have complained to us sooner.