LGO Individual Decisions

Summary: We found fault on Mrs D’s complaint about the Council failing to ensure her son received educational provision set out in his Education, Health and Care Plan after a school placement ended. It delayed carrying out the Annual Review and issuing the final plan. It failed to monitor whether the school sent work home and accepted communication failures. The agreed action remedies the injustice caused.

Summary: The Council had offered a suitable remedy to the complainant for the lack of appropriate Adult Services to her disabled son. But the Council had not considered and remedied the injustice caused by the failures of Children Services, faults which the Council had already identified. The Council has now offered a suitable remedy for this injustice. We are therefore closing the complaint.

Summary: There was fault the Council told Mrs X it had created new skills banding awards, impacting on her role as a foster carer. That fault caused Mrs X an injustice because it unnecessarily raised her expectation about an increase in salary she may have benefited from. There was also fault in how the Council communicated with her about this and this caused Mrs X unnecessary inconvenience. The Council had already apologised and has agreed to take additional steps to fully remedy Mrs X’s injustice.

Summary: Mr X complained about how the Council has handled his homelessness application. He said the Council failed to consider a change in his circumstances and lied and manipulated him. We do not find fault in the Council’s actions.

Summary: We will not investigate this complaint that the Council refused to pay compensation for injuries after a complainant tripped over a raised flagstone. This is because it would be reasonable for the complainants to make a claim against the Council at court.

Summary: We will not investigate this complaint that the Council delayed arranging a personal budget and failed to ensure that Special Educational Needs provision is being met. This is because the Council has taken appropriate steps regarding the personal budget so further investigation would not lead to a different outcome. The complainant has used their right of appeal to the SEND Tribunal and the issue of Special Educational Needs provision is not separable from that appeal.

Summary: We will not investigate this complaint alleging failures in the Council’s investigation into her reports of breaches of the Animal Welfare Act 2006 and the Home Boarding for Dogs Licensing Guidelines. There is not enough evidence of fault in the Council’s actions to justify an investigation.

Summary: There was fault the Council delayed finalising an Education, Health, and Care Plan, after it agreed to assess Mrs X’s child. That delay caused Mrs X an injustice because of avoidable uncertainty she then had about her child’s placement. The Council have accepted fault and apologised for the delays, and this is an appropriate remedy for Mrs X’s injustice here. Mrs X also complained the Council did not provide alternative provision, while her child was out of school. On the information I have seen, there is no fault in the Council’s response.

Summary: We cannot investigate Mrs X’s complaint about the Council’s failure to provide alternative education for her daughter while she is out of school. This is because the issue is too closely related to the reasons for Mrs X’s appeal to the Special Educational Needs and Disability Tribunal.

Summary: Mrs Y complained the Council’s failed to complete the annual review of her child’s Education, Health and Care Plan within the statutory timescales. The Council accepted it was at fault but Mrs Y did not consider its offer of a remedy for the injustice caused was adequate. We have found fault, as already accepted by the Council, and that its offer is a suitable way of remedying the injustice this caused. We have not asked the Council to take any further action.

Summary: We uphold complaints about a delay in the Education Health and Care needs assessment and plan for Z and for the lack of support to address her attendance. We have recommended a remedy for the injustice and to improve services in future.

Summary: We will not investigate this complaint about alleged abuse suffered in school, as well as the Council failing to offer alternative education provision. This is because we have no jurisdiction to investigate what happens in schools. Further, the complaint refers to events in 1998 and so is historical. We cannot now collect evidence and investigate alleged fault with accuracy given the passage of time.

Summary: Y complains the Council failed to hold annual reviews when it should have, and about a lack of transitional planning to adulthood. We have concluded our investigation having made a finding of fault by the Council. The Council failed to comply with statutory process causing Y an injustice. We did not find fault with how Direct Payments were ceased but acknowledge that more accountable processes may have mitigated against Mrs X not receiving the letter. Further, we found that the absence of annual reviews was a missed opportunity for further planning and caused avoidable uncertainty for

Summary: Mrs X complained on behalf of Mr Y. She complained the Council failed to provide Mr Y with education and the provision specified in his Education, Health and Care Plan since the SEND Tribunal decision in December 2021. She said Mr Y as missed education, provision and he was not prepared for moving to college. There was fault in the way the Council did not ensure Mr Y received the provision set out in his plan. Mr Y missed out on this provision for one year. The Council should apologise and make a financial payment to Mr Y.

Summary: We will not investigate this complaint about an alleged failure by the Council to take enforcement action against her landlord for poor housing conditions. This is because the Council inspected the complainant’s property and an appropriately qualified Council officer assessed conditions in accordance with the relevant legal framework. It determined no action was justified, and we cannot question the outcome of that decision as we are unlikely to find fault with how the Council approached and handled the complainant’s concerns.

Summary: We will not investigate Miss X’s complaint about the Council’s handling of her child’s special educational needs and education, health, and care plan between 2017 and 2023. This is because her complaint is late and there are no good reasons to exercise discretion to consider the late complaint.

Summary: Mrs X complained the Council did not review her child’s education, health and care plan when it should have, failed to provide the provision in that plan, and failed to provide alternative education when her child could not attend school. Mrs X said there had been an impact on her child of the missed education and special provision, and a wider impact on the family. We find the Council at fault, and this caused injustice. The Council has agreed to apologise and make a payment to remedy the injustice caused.

Summary: Mrs X complained about the Council’s actions and delays with her son’s Education, Health and Care Plan after previous annual reviews, and it did not secure special educational provision for him. The Council accepted fault and offered a remedy. We are satisfied the remedy appropriately acknowledges the injustice from not securing his provision as specified in his plan. The Council has also agreed to a further financial symbolic remedy payment to recognise Mrs X’s distress during these matters.

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 how the Council’s Monitoring Officer dealt with a complaint about the conduct of two councillors. We are unlikely to find fault in the Councils actions.

Summary: Mr X complained that the Council failed to take adequate action to address noise caused by barking dogs at his neighbour’s property and deal with kennels built without planning permission. He said this has caused distress and affected his and his wife’s ability to sleep and work. We found no fault in the Council’s decision not to take action against the neighbour.

Summary: We will not investigate this complaint about the actions of the Council’s children’s services in relation to child protection matters. This is because there is insufficient evidence of fault and because other bodies are better placed to deal with some matters.

Summary: We will not investigate this complaint about the quality of a report produced by the Council, or about a warning the Council issued about the complainants contact about this matter. This is because the matters have not caused the complainant a significant enough injustice to justify our involvement.

Summary: We will not investigate this complaint about the Council’s decision to recover an overpayment of Council tax support. The Ombudsman will not investigate this complaint because he will have a right of appeal to a Valuation Tribunal.

Summary: Miss Y complains about the Council’s failure to complete a timely assessment of her care and support needs when she moved into its area. The Council acknowledges there was delay in Miss Y’s case and has agreed to backdate her direct payments to the date she moved into the area. The Council has also agreed to apologise and make a symbolic payment of £500 for the distress this caused.