LGO Individual Decisions

Summary: We will not investigate this complaint about the Council’s decision to place the complainant on its Restricted Persons Register. The complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate.

Summary: We will not investigate Mr X’s complaint. This is because it is about data protection matters which the Information Commissioner’s Office is best placed to consider and decide.

Summary: We cannot investigate Ms B’s complaint about the Council’s failure to maintain Council properties which adjoin her home. This is because we cannot investigate complaints about the management of social housing by councils.

Summary: We will not investigate this complaint about the Council’s decision not to prune some trees. This is because there is insufficient evidence of fault by the Council and because we do not determine complaints about alleged damage caused to property.

Summary: Mr X complained about the Council’s handling of his mother, Mrs Y’s, financial assessment during 2021 and early 2022. There was no fault in how the Council financially assessed Mrs Y during 2021 and it was entitled to ask for the further evidence it required. However, since early 2022 the Council has let the matter drift which was fault. It agreed to make a decision and issue Mrs X’s financial assessment within one month of this decision.

Summary: We will not investigate this complaint about how the Council dealt with a planning application or a possible breach of planning control. This is because we are unlikely to find fault.

Summary: We will not investigate this complaint about the handling of Miss X’s housing application. On some points there is not enough evidence of fault. Other points have not caused Miss X a significant enough injustice for us to investigate.

Summary: We will not investigate this complaint about a charge to deposit commercial waste. This is because there is insufficient evidence of fault by the Council and nothing we could add to the Council’s response.

Summary: Mr and Mrs X complained the Council delayed in issuing their child, Z’s Education Health and Care plan. They also complained about flaws in how the Council considered what educational provision Z needed and what school he should go to. The Council was at fault for failing to consider if Z needed an educational psychology assessment following a review of his plan. This did not cause a significant personal injustice because Mr and Mrs X paid for a private assessment before they were aware of the Council’s error. In the other matters complained about, the Ombudsman is either prevented fr

Summary: Ms X complained the Council refused to carry out kitchen adaptations and delayed carrying out adaptations to the bathroom. There was no fault in the way the Council reached the decision not to adapt Ms X’s kitchen. The Council significantly delayed adapting the bathroom and failed to keep Ms X updated on progress. This caused her avoidable frustration and meant she had to use unsuitable facilities for longer than necessary. The Council has agreed to apologise to Ms X and pay her £750 and to review its procedures.

Mr X complains about the Council’s failure to take enforcement action against a neighbour. We will not investigate this complaint because there is no evidence of fault by the Council.

Summary: We will not investigate this complaint about a Penalty Charge Notice. This is because there is not enough evidence of fault to justify our investigating.

Summary: We will not investigate Mr X’s complaint about the Council’s handling of a planning matter. This is because the complaint is late and the injustice Mr X claims is not the result of any fault by the Council.

Summary: We will not investigate this complaint about the Council’s handling of the complainant’s planning application. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. It is reasonable to expect the complainant to have used the right of appeal to the Planning Inspectorate for non-determination of an application.

Summary: There is no evidence of fault in the way the Council assessed Mrs X’s finances when she requested help with her care.

Summary: Ms X complained about the Council’s decision on her son’s school transport, resulting in distress to her son and inconvenience to her. We find the Council at fault for not following its published process, but this did not affect the Council’s decision making. We recommend the Council apologise to Ms X for not following its published appeals process and make a payment to recognise the uncertainty caused. We also recommend the Council remind staff dealing with transport appeals of the importance of following its published policy.

We will not investigate this complaint about how the Council handled anti-social behaviour. We are satisfied with the actions it has taken.

Summary: Mr X complained about the conduct of civil enforcement officers acting on behalf of the Council in April 2021. We cannot say if the civil enforcement officers acted appropriately on the day, however we have found fault with their administrative practice. The Council agreed to remedy the injustice this caused to Mr X.

Summary: Ms X complained the Council failed to tell her it had placed a land charge on her property following disabled facilities grant works. The Council was not at fault for placing a charge on the property. It was at fault for failing to properly consider whether to waive repayment of the grant, for providing conflicting information about the amount due and for requiring repayment of a second grant which was for remedial works resulting from faults with the original works. The Council has agreed to apologise to Ms X, remove the charge for the second DFG, review its decision to require repay

Summary: We will not investigate this complaint about Miss X’s children being in Council care. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. Where Miss X’s children live has been decided by a court and only a court can alter that.

Summary: Mr Y complains the Council failed to consider his children’s disability-related needs when it refused to allow him to bid on three-bedroom properties. We find the Council at fault. This caused Mr Y distress and he went to time and trouble complaining. To remedy the injustice, the Council has agreed to apologise to Mr Y, make him a payment and review its decision. The Council has also agreed to make several service improvements.

Summary: Mr X complained he was not told about the standard charge for care services at the extra care housing accommodation where he lives. The Council was at fault as it failed to explain the standard care charges associated with extra care housing when Mr X moved in. The Council has agreed to waive the charges and assist Mr X to move should he wish to do so. It has agreed to ensure prospective tenants are provided with information about the service charges associated with extra care housing.

Summary: Mr Y complained the Council overcharged him for care and failed to make him aware of the standard charge for care services when he moved into an extra care housing facility. The Council was not at fault. The records show the Council explained the charges associated with extra care housing, and has charged Mr Y for care based on his financial contribution.

Summary: Miss X complains the Council has not assessed her housing priority properly. The Council did not consider all information when it assessed her family’s medical circumstances. Miss X was allocated a lower priority band and missed opportunities to be rehoused. The Council has already backdated Miss X’s housing priority. It has also agreed to apologise and pay her £1000 for distress and inconvenience.

Summary: Ms X complains about the Council’s handling of her mother’s care and support needs. She complains the Council did not reassess her mother’s care and support needs in October 2020, failed to provide her mother with 24 hour care, and only gave her a few days to find her mother a care home. She says this caused her distress. We find fault with some of the Council’s actions. We have made recommendations for the Council to apologise, to reimburse Ms X, and to pay a financial remedy.