LGO Individual Decisions

Summary: Mr X complains the Council failed to follow its own procedures and statutory responsibilities in relation to the care of his grandson. Mr X says this caused him and his family distress. We have found fault in the actions of the Council for failing to follow the Children’s Statutory Complaint procedure and recommend the Council completes the process.

Summary: We will not exercise discretion to investigate this complaint about the Council taking court action to recover unpaid council tax from 2022. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner. We cannot investigate matters which have been subject to court proceedings.

Summary: We will not investigate Mr B’s complaint that he suffered injuries after tripping on a Council pavement. This is because it is reasonable for Mr B to pursue his compensation claim by taking the Council to court.

Summary: Ms A complained the Council has declined a mediation meeting about its decision not to assess her child for an Education, Health and Care Plan. We discontinued our investigation as we cannot investigate the Council’s decision as it is caught by Ms A’s appeal to the Tribunal, which the law does not allow us to consider.

Summary: We will not investigate this complaint about Miss X’s council tax. The law prevents us considering what happened during court action. The Council has already done much of what Miss X wanted. Miss X could reasonably take court action if she wants compensation. It would be disproportionate for us to investigate any other points and we would be unlikely to achieve significantly more.

Summary: We will not investigate this complaint about the Council issuing a council tax demand in the year following the death of Mrs X’s father. The Council apologised for the distress caused and the bill was cancelled shortly afterwards. There is insufficient remaining injustice to warrant an investigation.

Summary: We will not investigate this complaint that the Council asked the complainant’s employer to make deductions from her pay without first notifying her of the arrears. This is because there is insufficient evidence of fault by the Council.

Summary: Miss Y complains about failures in the annual review process for her son’s Education Health and Care Plan. She says the Council failed to comply with a Tribunal order because it did not consider her son’s need for increased Speech and Language therapy. The Council accepts it failed to carry out the review process properly and has agreed to provide additional therapy to make up for the shortfall caused by fault.

Summary: We will not investigate Mrs X’s complaint about the Council’s handling of a penalty charge notice. This is because the complaint is late and there are no good reasons to exercise our discretion to investigate it. It would in any event have been reasonable for Mrs X to challenge the Council’s escalation of the case with the Traffic Enforcement Centre at the time.

Summary: Miss G complains about the Council’s actions after she was the victim of fraud. She says the Council should have allowed her to stay in a property as interim accommodation, as the landlords were happy with that arrangement. But the Council tried to move her to interim accommodation further away from her children’s schools and only gave her short notice. We do not uphold this complaint, as the Council was entitled to make the decisions it did. So they are not ones the Ombudsman can criticise.

Summary: We cannot investigate Mr B’s complaint about a Penalty Charge Notice he received for a moving traffic contravention. This is because Mr B appealed to the tribunal.

Summary: Mrs X complained the Council took too long to issue her child, W, with an Education, Health and Care Plan. The Council was at fault. This caused Mrs X avoidable frustration for which the Council should apologise and pay her £150.

Summary: We will not investigate Mr X’s complaint about the Council’s decision to refuse his mother’s claim for damages. This is because this is a complaint about negligence which is a legal matter for the courts to consider and decide. We cannot decide such a claim.

Summary: We will not investigate this complaint about the complainant’s application for a Discretionary Housing Payment. This is because there is insufficient evidence of fault by the Council and there are review rights the complainant could have used.

Summary: We will not investigate this complaint about the Council’s consideration of Mr X’s representations against a penalty charge notice as Mr X appealed the notice to London Tribunals. This matter is therefore no longer within our remit.

Summary: We will not investigate this complaint about the Council’s handling of Ms X’s Council Tax accounts. This is because past events fall outside our jurisdiction due to the passage of time and because Ms X would have had appeal rights to the Valuation Tribunal to challenge her Council Tax liability.

Summary: We will not investigate this complaint about a school transport incident in dropping off Mrs X’s child at her home address, and in suspending her child’s school transport. While the incident was fault, there was fortunately no harm to the child. The Council was also entitled to suspend the child’s school transport at short notice due to the nature of the reported incidents. Investigation is therefore unlikely to lead to a different or better outcome than that resulting from the Council’s own investigation.

Summary: We will not investigate Mrs X’s complaint about the Council’s decision to refuse her claim for damages after her car hit a pothole. This is because this is a complaint about negligence which is a legal matter for the courts to consider and decide.

Summary: The Council took too long to notify Mrs B that her son’s Education Health and Care (EHC) Plan would cease. It did not properly arrange his transition to adult social care in accordance with the law and guidance. The Council failed to maintain the EHC Plan while Mrs B’s appeal against the decision was outstanding. It took too long to assess his social care needs and to arrange care. The Council caused significant distress, uncertainty and frustration to Mrs B and her son. Mrs B’s son missed out on the educational provision set out in the EHC Plan. The Council has agreed to remedy the i

Summary: The Council took too long to notify Mrs B that her son’s Education Health and Care (EHC) Plan would cease. It did not properly arrange his transition to adult social care in accordance with the law and guidance. The Council failed to maintain the EHC Plan while Mrs B’s appeal against the decision was outstanding. It took too long to assess his social care needs and to arrange care. The Council caused significant distress, uncertainty and frustration to Mrs B and her son. Mrs B’s son missed out on the educational provision set out in the EHC Plan. The Council has agreed to remedy the i

Summary: There was fault by the Council. There was a delay in issuing an Education, Health and Care Plan of seven and a half months and the loss of education for a term. The Education, Health and Care Plan has now been issued, with an offer of a school place. A remedy payment remedies the injustice of loss of education, uncertainty and a delay in appeal rights to a tribunal.

Summary: The Council was not at fault for how it dealt with Ms X’s child Y in relation to both housing and children's social care. The Council was at fault for failing to respond to Ms X’s letters. The Council has agreed to apologise and act to improve its service.

Summary: We will not investigate this complaint about the complainant’s council tax band. This is because there is insufficient evidence of fault by the Council.

Summary: We will not investigate this complaint about the Council’s handling of a disrepair enforcement case relating to Mr X’s privately rented accommodation. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

Summary: We will not investigate this complaint about the assessment of Miss X’s special educational needs and the provision she requires. These are closely linked to matters in respect of which Miss X has exercised her right to appeal to a Tribunal.