LGO Individual Decisions

Summary: We will not investigate this complaint about planning applications because there is a right of appeal to a Planning Inspector.

Summary: We will not investigate this complaint about the way the Council considered a planning application. There is not enough evidence of fault in the Council’s actions.

Summary: We will not investigate this complaint that the Council has allowed a development which encroaches over and affects the complainants’ property. There is not enough evidence that fault by the Council has affected the planning outcome.

Summary: Mrs X complained that the Council failed to provide alternative education from the end of June 2023 to February 2024 when her child was unable to attend school on health grounds. We have found fault causing an injustice. The Council has agreed to apologise, make a symbolic payment for the lost education and service improvements.

Summary: We will not investigate Ms X’s complaint about the Council’s initial refusal of her request for a transfer, which was reversed at the review stage.

Summary: We will not investigate Mr X’s complaint about the Council’s failure to maintain a hedge which he says has caused damage to his fence. Nor will we investigate how it communicated with him about this. This is because we are unlikely to find fault with the Council’s decision and an investigation by us would not lead to a different outcome. Additionally, the courts are better placed to consider Mr X’s complaint about damage to property.

Summary: We will not investigate Mr X’s complaint about the Council’s decision to investigate a safeguarding concern including a social worker’s conduct. This is because there is not enough evidence of fault by the Council and an investigation by us would not lead to a different outcome.

Summary: We will not investigate Mr X’s complaint about the Council’s charges for the delivery of new waste and recycling bins. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

Summary: We cannot investigate this complaint about a Penalty Charge Notice because Mrs Y has already been to court about the matter.

Summary: Ms X complained the Council failed to provide suitable full-time alternative provision for her son G when he was unable to attend school from July 2023 until May 2024. The Council was at fault for failing to consider if it should provide, and then failing to provide, alternative provision from February to April 2024. The Council was also at fault for failing to consider if the alternative provision it offered met G’s needs. The Council will apologise and pay Ms X £1,100 to recognise the alternative provision G missed and the uncertainty and frustration caused to Ms X by the Council’s

Summary: We will not investigate Mr X’s complaint about the Council levying a delivery charge for him to receive a larger replacement bin.

Summary: We will not investigate this complaint about the Council’s failure to secure an agreement under section 38 of the Highways Act 1980 with the developer of the complainant’s new home. The Council cannot force a developer to enter into such an agreement. There is not enough evidence of fault in the Council’s actions to justify an investigation.

Summary: We will not investigate this complaint about how the Council dealt with a planning application. This is because the complainant has not suffered significant injustice as a result of the alleged fault.

Summary: We have upheld this complaint because the Council delayed issuing an Education Health and Care Plan. The Council has agreed to resolve the complaint by offering to make a suitable payment to the complainant to remedy the injustice this cause. We will not investigate other matters because they are either made late or have been subject to an appeal to a tribunal.

Summary: Mrs X complained the Council delayed putting Occupational Therapy provision in place as outlined in her daughter’s (Y) Education, Health and Care (EHC) Plan following a SEND tribunal order. The Council is at fault for delaying providing some of the Occupational Therapy provision Y requires. This caused Mrs X distress, frustration and uncertainty and impacted Y’s development. The Council should make a payment to recognise this.

Summary: Mr X complains about an absence and lack of enforcement action taken by the Council in response to breaches of planning on a development he lives on. We have concluded our investigation without finding fault. The evidence indicates that the Council actively addressed the alleged planning breaches through multiple site visits, consultations with the developer, and the issuance of a breach of condition notice when necessary. There is no evidence of inaction on the part of the Council; they exercised their discretion appropriately in accordance with their policies and procedures and it i

Summary: The complainant says the Council’s assessment of residential care charges is flawed, and it wrongly took safeguarding action. The Council is at fault for not providing proper reasons for some residential care charges and for the way it completed safeguarding. To remedy the anxiety, time and trouble, the errors caused; the Council has agreed to apologise to the complainant and make a symbolic payment. It will also provide clear reasons for its charging decision and make service improvements.

Summary: We will not investigate this complaint about school admissions. Mr X has used his right of appeal and we cannot achieve the outcome the complainant wants. An investigation is not therefore justified.

Summary: We will not investigate Mr B’s complaint about a missed waste collection. This is because Mr B has not suffered a serious or significant injustice which would justify our involvement.

Summary: We will not investigate Mr X’s complaint about a respite booking. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

Summary: We will not investigate Mr B’s complaint about the Council’s refusal to crown or remove trees so he can effectively install solar panels. This is because there is not enough evidence of fault to justify an investigation.

Summary: We will not investigate this complaint about Mr X’s neighbour’s septic tank. This is because there is no evidence to suggest fault by the Council.

Summary: Miss X complained about how the Council provided and reviewed her son, Y’s, special education. There was fault in how the Council failed to ensure Y received all the education set out in his Education Health and Care plan, and delayed completing both a review of Y’s plan and deciding on Miss X’s request for direct payments. This caused Y to miss out on education and caused both Miss X and Y avoidable distress. The Council agree to make its decisions about the Y’s plan and direct payments, review Y’s current tuition, apologise to Miss X and Y, and pay them a financial remedy. It also a

Summary: We will not investigate this complaint about the Council’s approach to the calculation and payment of Personal Travel Budgets. This is because there is not enough evidence of fault by the Council.

Summary: We will not investigate this complaint about a parking penalty charge notice as the complainant is caused insufficient injustice to warrant our further involvement.