LGO Individual Decisions

Summary: Mrs X complained the Council delayed reassessing her child, Child Y’s Education, Health and Care Plan needs within the statutory timescales and the Council did not provide the reassessment decision. Mrs X also complained the Council communicated poorly with her. The Council was at fault and will apologise for the frustration caused to Mrs X by the delay in informing her if it would reassess Child Y’s needs.

Summary: Miss X complained about how the Council assessed her child, W, for an Education, Health and Care Plan. The Council was at fault for delay in completing W’s assessment and poor communication. This caused Miss X frustration and uncertainty and meant W missed out on four weeks of special educational provision. The Council will apologise and pay Miss X a total of £1000 in recognition of her and W’s injustice.

Summary: We found fault in the Council’s delay to issue a final Education Health and Care Plan for the complainant’s son (Y) and in its communication with the complainant (Mrs X). This fault caused injustice to Y and Mrs X. We did not find fault in the Council’s actions to provide education to Y when out of school. The Council agreed to apologise, make the payment for Y’s and Mrs X’s distress and share this decision with the Special Educational Needs and Disabilities team staff.

Summary: Mrs J complained about the care and support provided to her adult grandson and herself as his carer. We found no fault.

Summary: We will not investigate Mr X’s complaint about the Council’s refusal to carry out repairs to a public footpath. There is not enough evidence of fault by the Council. If Mr X wishes to challenge the Council’s decision it would be reasonable for him to take the matter to court.

Summary: We will not investigate Mr X’s complaint about defamation of character. This is because further investigation would not lead to a different outcome, nor could we achieve the outcome requested.

Summary: the Council failed to issue revised education, health and care plans following two reviews and delayed issuing an education, health and care plan following a third review. The Council also delayed dealing with Mrs X’s request to educate her son out of cohort. An apology, payment to Mrs X, introduction of a process to manage reviews and guidance to officers is satisfactory remedy.

Summary: We will not investigate this complaint about the Council’s decision to refuse the complainant’s application for a dropped kerb. This is because there is insufficient evidence of fault by the Council.

Summary: Mrs X complained the Council failed to provide suitable education provision to her son while he was unable to attend school. She says the Council’s actions caused avoidable distress and uncertainty for her son and her family. We found fault by the Council. The Council has agreed to provide an apology and a financial remedy to Mrs X and to make some service improvements.

Summary: We have decided not to investigate Mrs X’s complaint about adult social care services for her father, Mr Y. This is because the Council has upheld the complaint and agreed to remedy the injustice caused.

Summary: The Council was not at fault for refusing to pay Ms B a formal allowance when she was looking after a child under a private fostering arrangement. Nor was it at fault for ending the temporary financial support it gave her in lieu of an allowance. However, it was at fault for failing to confirm that Ms B had started receiving support from the child’s mother. This likely contributed to Mrs B going without financial support for a short period. The Council has agreed to apologise and make a symbolic payment to recognise her injustice.

Summary: Ms X complains about the Council’s handling and delivery of her child’s (Child Y) Education, Health and Care (EHC) Plan. The Council was at fault for failing to ensure the provision in Child Y’s EHC Plan was delivered between September 2022 and July 2023, delays in releasing funds for provision to Ms X, the review of Child Y’s EHC Plan and the handling of Ms X’s complaints. The Council has already provided an appropriate remedy for Child Y’s missed education. It will now also provide further redress to Ms X and her family for the injustice caused to them by its faults.

Summary: Mrs Y complains on Miss X’s behalf about the Council’s failure to secure speech and language provision for Miss X, as per her Education, Health and Care (EHC) Plan. The Council’s failure to arrange provision in the EHC Plan is fault. This has caused an injustice to Miss X and also Mrs Y. The Council has agreed to remedy the injustice caused and it has agreed to implement service improvements.

Summary: We cannot investigate Mrs X’s complaint about the Council removing her children from her care under false pretences because the Ombudsman cannot investigate matters which are being dealt with in a court of law.

Summary: We cannot investigate Ms X’s complaint about the Council’s actions during the Education, Health and Care Plan needs assessment and appeals process. This is because Ms X has used her right of appeal to a tribunal.

Summary: Mrs X complained the Council has continued to fail to provide a suitable education for her daughter Y and has allowed further delay in the annual review process for Y’s Education Health and Care Plan. The Council’s failure to provide alternative education provision is fault. As are the delays in the annual review process and in considering Mrs X’s request for an Education Other Than At School package and personal budget. This fault has caused Mrs X and Y an injustice.

Summary: Miss C complained about delays by the Council in taking action to support her child, who has special educational needs. We uphold the complaint. We find the Council delayed in consulting a specialist school, in obtaining advice about the child’s speech and language needs and in completing a review of their Education, Health and Care Plan. These delays caused Miss C distress. The Council has accepted our findings and at the end of this statement we set out the action it has agreed to remedy this injustice and improve its service.

Summary: Miss X complains her son D has been out of education for three years.

Summary: Ms X complained the Council delayed providing her son, Y with travel training and school transport. We have found fault with the Council for not processing Y’s application within 10 working days. We do not consider this to have caused an injustice to Y or Ms X.

Summary: Mrs Y complains the Council failed to arrange suitable educational provision for her child, B. She complains the Council failed to put in place adjustments to meet B’s disability-related needs so B could access any provision offered. We have decided to uphold Mrs Y’s complaint because there is evidence of fault by the Council causing injustice. To remedy this, the Council has agreed to apologise to Mrs Y and B and make several payments. The Council has also agreed to make certain service improvements.

Summary: We will not investigate Ms X’s complaint about damage to a kerb running alongside a stream. This is because it is unlikely we could say the damage is the main or sole cause of any flooding Ms X fears and Ms X has an alternative remedy for the issue which it would be reasonable for her to use.

Summary: Ms B complained that the Council failed to properly support her as a foster carer when her first foster child was placed with her and delayed in making payments to her. She said this caused her a great deal of stress and resulted in the placement breaking down. We found the Council was at fault in failing to accept Ms B’s complaint into its corporate complaints procedure. To remedy the injustice caused by this, the Council has agreed to investigate the complaint.

Summary: Miss X complains about the standard of care provided to her mother. She complains the carers failed to stay for the allocated time, failed to lock the key safe appropriately, and failed to provide care in line with her support plan. The Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Miss X by the faults accepted.

Summary: Mrs X complained the Council failed to ensure her daughter, F, received provision in line with her Education, Health and Care (EHC) Plan after it was issued in June 2021. The Council was at fault because it failed to carry out checks with the school following Mrs X’s complaint of non-provision. On balance, it is likely that F missed out on some of the provision in her plan between June and September 2021. There was no fault from September 2021 onwards as Mrs X chose to electively home educate F from that point. The Council agreed to apologise to Mrs X and pay her £300 to acknowledge F

Summary: We will not investigate this complaint about the Council’s decision not to provide Mrs X a personal budget for provision for her child’s special educational needs. The provision Mrs X requests a personal budget for is not included in the Education Health and Care plan. Disagreements about educational provision are for the Special Educational Needs and Disability Tribunal.