LGO Individual Decisions

Summary: We will not investigate this complaint about the Council’s response to Ms X’s request for help with adaptations and repairs to her bathroom via a disabled facilities grant. The Council is not responsible for dealing with applications for disabled facilities grants or housing repairs, which are matters for the local district council to decide. There is not enough evidence of fault on the Council’s part to warrant investigation.

Summary: We will not investigate Mr X’s complaint about various highway maintenance issues affecting his home. This is because there is not enough evidence of fault by the Council.

Summary: We have upheld this complaint because the Council refused to consider a complaint at stage two of the children’s statutory complaints procedure. The Council has now agreed to resolve the complaint by allocating the complaint to an investigator within one month, and completing its investigation without delay.

Summary: Miss B complained that the Council had refused to consider her late complaint about children’s services through the statutory complaints procedure. We found fault with the Council. The Council has agreed to start an investigation at stage two of the procedure and pay Miss B £150.

Summary: We will not investigate this complaint about a Penalty Charge Notice. This is because the complaint is late with no good reason to exercise discretion to investigate it now.

Summary: We will not investigate Mrs B’s complaint that she was involved in a road traffic collision because the Council did not carry out highway works safely. This is because it is reasonable for Mrs B to pursue her compensation claim with the Council’s insurers, and if needed, take the Council to court.

Summary: The Council’s commissioned care provider failed to provide a proper standard of care and treatment to the late Mrs X, which resulted in injustice to her. The Council failed to process an application for Direct Payments in a timely manner, or offer an alternative care provider, which left Mrs X with the care provider which was the subject of her complaint. The Council has agreed to offer the sums detailed below to Ms X in accordance with our recommendations.

Summary: We will not investigate this complaint about highway maintenance. This is because it is unlikely we would find fault and it is reasonable to expect Mr Y to use the remedies available to him at court.

Summary: We will not investigate this complaint about a high hedge. This is because there is not enough evidence of fault to justify our investigation.

Summary: We will not investigate Ms X’s complaint the Council delayed issuing amended education and health care (EHC) plans and has not named a new school for her child, Y, from this September. Ms X complains late about the earlier history. She used her right of appeal to the SEND Tribunal on the EHC plan issued last year. It is reasonable for Ms X to use her right of appeal again if there is a dispute about naming a new school.

Summary: Mrs X complained on behalf of her sister, Mrs Y, about the way the Council carried out financial assessments for Mrs Y’s care and support charges. The Council upheld Mrs X’s first complaint, about delays and lack of information, and I have not made further findings on it. The Council was not at fault for the way in which it included Mrs Y’s funeral plan in her financial assessments.

Summary: We will not investigate Mr B’s complaint that he cannot use the Council’s waste and recycling centre because his campervan is too tall for the height restriction in place. This is because there is not enough evidence of fault to justify an investigation.

Summary: We will not investigate this complaint about the way the Council dealt with Mr X’s mother when she was in care. This is because the Council has already agreed to refund care fees and has now agreed to pay an additional remedy to Mr X to acknowledge the distress he was caused.

Summary: Mr B complained that the Council failed to unblock drains outside his property which were flooding the road creating a hazardous situation. It also failed to repair the road where it had eroded. We have not found fault with Council’s actions.

Summary: We will not investigate this complaint about the Council’s actions after Mrs X raised a concern about her child’s special educational needs provision. There is not enough injustice caused by the matters complained of to warrant investigation.

Summary: There is fault by the Council as it failed to get an independent valuation of Mrs X’s interest in a property as part of a financial assessment for her care home costs. The Council failed to act in line with Annex B of the Care and Support Statutory Guidance. The evidence shows the 12 week property disregard has been paid even though there is a dispute regarding the start date for this. A suitable remedy is agreed.

Summary: We will not investigate this complaint about the Council’s decision not to investigate a complaint that a councillor had breached the code of conduct. There is no evidence of fault in the way the Council considered the complaint.

Summary: We will not investigate Mr B’s complaint that the Council is failing to maintain a local road which is in disrepair. This is because it is reasonable for Mr B to apply for an order from the court.

Summary: We will not investigate X’s complaint about the Council’s handling of their Trading Standards complaint. This is because their injustice stems from the actions of the trader they complained about rather than those of the Council.

Summary: The Council was at fault, as it invoiced for more hours of care than were provided for several reasons. The Council has credited the service user for the hours of care that were not provided and this is a satisfactory remedy to the complaint.

Summary: Mrs A complains about the care of her mother, Mrs B at a care home. She has also complained about a council’s safeguarding enquiries. We found fault in relation to the Home’s lack of mask wearing. We did not find fault with the other issues in this complaint.

Summary: We will not investigate this complaint about the complainant’s son’s finances and bank statements. That is because other bodies are better placed to consider the issues he has raised.

Summary: The Ombudsman found some fault on Mrs D’s complaint about the Council failing to resolve the problem of local flooding, maintaining the drainage system, and monitoring what enters it. It failed to provide records in support of its claim of communicating properly with her. It also failed to provide evidence it advised her before November 2021 about her riparian responsibility. The agreed action remedies the injustice caused.

Summary: Mrs X complained the Council failed to determine a map modification application which concerns public rights of way. The Council has delayed forwarding the definitive map modification order application to the Secretary of State and has advertised a wrong date for making representations against the application Mrs X complained about. That said, we cannot provide the outcome Mrs X wants as the Council has a plan in place for addressing its backlog and we cannot direct its financial resources in this respect. Our investigation is now complete.

Summary: We cannot investigate this complaint about where the Council placed Ms X’s grandchild. The matter is not separable about ongoing court action concerning the child.