LGO Individual Decisions

Summary: Mr C complained about the Council’s failure to control noise and smell nuisances from a restaurant next door to his property. He also complained that the Council had failed to control breaches of planning permission in the same building and did not deal with anti-social behaviour. The Council was at fault for a failure to respond to his complaint for five months. This caused Mr C and his family injustice as they suffered stress and they were put to time and trouble. The Council has agreed to apologise and pay a sum in recognition of the fault found.

Summary: We will not investigate this complaint about the housing register and about the Council not offering a house to the complainant. This is because there is insufficient evidence of fault by the Council.

Summary: We will not investigate Miss X’s complaint about the Council’s handling of a planning matter. This is because it does not cause Miss X significant injustice.

Summary: We will not investigate this complaint about a housing benefit overpayment from 2013. This is because there is insufficient evidence of fault by the Council, it is a late complaint, and because the complainant could have used his appeal rights.

Summary: We will not investigate Miss X’s complaint about providing education to her child Y. We cannot investigate the same issues a Tribunal is considering.

Summary: Mr X complained the Council failed to make him liable for council tax in August 2018 instead taking this action in 2021. The delayed action resulted in a large refund being make to Mr X’s lodgers and the Council demanding arrears of over £7,000. The Council was at fault for not acting on information provided it to until three years later. To remedy the injustice caused, the Council will make a payment to Mr X of 50% of the amount charged in that three year period.

Summary: We will not investigate this complaint about the Council’s planning process. This is because there is insufficient evidence of fault and because Mr X had a right of appeal to the Planning Inspector. It was reasonable to expect him to use his right of appeal if he was unhappy with the Council’s decision.

Summary: We will not investigate this complaint about the Council failing to update Miss X’s name on its systems after her gender reassignment. The county court and the Information Commissioner’s Office are better placed to consider complaints about potential discrimination and data breaches.

Summary: We cannot investigate Mr B’s complaint about fines issued by the Council for alleged housing offences. This is because Mr B has appealed to the tribunal.

Summary: We will not investigate Miss X’s complaint about the Council’s refusal of her application for a COVID-19 Test and Trace Support payment. This is because there is no evidence of fault by the Council.

Summary: We will not investigate this complaint about council tax liability and damage to the complainant’s property. It would be reasonable for Mr X to appeal to the Valuation Tribunal. We would also expect Mr X to take the matter regarding the alleged damage to his property to court.

Mr X complains about the Council’s enforcement of council tax arrears. The Ombudsman will not investigate this complaint because there is no evidence of fault by the Council.

Summary: Miss X complained about the support the Council provided after she applied as homeless in 2020. There was no fault in how the Council responded to Miss X’s reports about the condition of her property or how it dealt with her application for social housing.

Summary: Miss X complained the Council intended to withdraw the accommodation it provided to her and her children under the Children Act. There was no fault in how the Council made its decision to withdraw the accommodation it provided to Miss X.

Summary: Ms X complained the Fountains Nursing Home failed to provide adequate care to her father in the hours prior to his death and that the Council’s safeguarding investigation was flawed. The Council has already identified fault, mainly around communication with the family and the Nursing Home’s recording of events. It has apologised to Ms X and made service improvements. These are suitable actions to remedy Ms X’s injustice and prevent a reoccurrence.

Summary: There was no fault by the Council in a complaint that it failed to act against the alleged use of a residential property for business purposes.

Summary: Mr X, a landlord, complains about council tax liability issues and misadvice by the Council. We will not investigate this complaint because there is a right of appeal to a Valuation Tribunal about any dispute as to liability.

Summary: We will not investigate this complaint about a disputed overpayment of housing benefit. The complaint is out of time and there was a right of appeal to a tribunal.