LGO Individual Decisions

Summary: We will not investigate this complaint about the Council’s handling of Mr X’s council tax account. There is not enough evidence of fault to justify an investigation.

Summary: We will not investigate this complaint about highway maintenance because there is not enough evidence of fault to justify investigating, there is another body better placed to consider this complaint, and it is reasonable to expect Mr Y to approach the court about the matter.

Summary: We will not investigate Mr X’s complaint about the Council’s actions in 2022 and 2023 related to its assessment of his relative, Ms Y’s needs and an NHS Continuing Healthcare referral. We have already considered the Council’s assessment of Ms Y’s needs in a previous investigation and any injustice caused by its actions related to the Continuing Healthcare referral is not significant enough to justify our involvement.

Summary: We will not investigate this complaint about the Council stopping Ms Y’s Section 117 aftercare funding as we have considered part of the complaint before and other aspects of the complaint are late.

Summary: We will not investigate Mr X’s complaint about the actions of a Council officer. Doing so would be unlikely to lead to the outcomes he is seeking. We cannot investigate alleged misconduct. We cannot make any finding about whether the Council breached the Equality Act or the Human Rights Act with unlawful acts relating to disability. Only a court or a tribunal could do that, and it would thus be reasonable to take those matters to court or a tribunal. The most we could potentially find would only relate to the Council’s consideration of its duties at the time relating to matters we cou

Summary: Mrs X complains the Council failed to reimburse the cost of school fees for the independent school named in her child’s Education, Health and Care Plan. We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Mrs X.

Summary: We will not investigate Mr X’s complaint about the Council’s management of his council tax account and discrimination he is unhappy about. This is because any injustice experienced is insufficient to warrant an investigation.

Summary: The Council was not at fault for failing to tell Ms X about its decision to extend her mother’s stay at a care home. The Council was at fault for not properly explaining the cost of a temporary stay in a care home. It has taken steps to rectify the costs so no remedy is recommended.

Summary: We will not investigate this complaint about a Council tax premium because there is a right of appeal to a Valuation Tribunal.

Summary: There is no evidence that fault on the part of the Council caused the injustice which Ms X claims. Although delays in passing on information about her father’s death delayed the updating of a financial assessment, and the Council should recognise the distress that caused, it was not the fault of the Council that Mrs A, who was in a residential and not a nursing placement at the care home, was not referred to the NHS for a Continuing Health Care assessment.

Summary: We will not investigate this complaint about a Council tax premium because there is a right of appeal to a Valuation Tribunal.

Summary: We will not investigate Mrs B’s complaint that the Council wrongly sent her sensitive personal information relating to someone else. This is because Mrs B may complain to the Information Commissioner’s Office which is in the best position to consider this complaint.

Summary: We will not investigate Mr X’s complaint about the contents of the Education Health and Care Plan and the Council’s actions in producing the plan. This is because Mr X has appealed to a tribunal.

Summary: We will not investigate this complaint about the Council’s street cleaning. Further investigation will not lead to a different outcome.

Summary: We will not investigate this complaint about a housing benefit overpayment because there is insufficient evidence of fault by the Council.

Summary: We do not uphold G’s complaint about City of York Council and NHS Humber and North Yorkshire Integrated Care Board’s decision to reduce their section 117 aftercare in December 2023. However, the Council and ICB should have reviewed G’s aftercare need before they left hospital in March 2024. That caused them distress, and the organisations should jointly apologise for that.

Summary: We do not uphold G’s complaint about City of York Council and NHS Humber and North Yorkshire Integrated Care Board’s decision to reduce their section 117 aftercare in December 2023. However, the Council and ICB should have reviewed G’s aftercare need before they left hospital in March 2024. That caused them distress, and the organisations should jointly apologise for that.

Summary: We will use our discretion not to investigate this complaint about a fraud investigation because it is on-going. We will not investigate the complaint about reasonable adjustments because the Council will re-consider the complaint.

Summary: Mrs X complains on behalf of Y that the Council did not deal properly with an annual review of his Education, Health and Care (EHC) Plan or take seriously reports that he was not safe at school. The Council delayed issuing Y’s EHC Plan and took too long to commission alternative transport provision. Y suffered loss of Special Education Needs (SEN) provision and avoidable distress. The Council should pay Y £4,500.

Summary: We will not investigate Mr X’s complaint about a lack of information and notice from the Council about the closure of Mrs X’s Care Provider. This is because the matter has not caused Mr X any significant personal injustice which is serious enough to warrant an investigation.

Summary: We will not investigate this complaint that the Council racially discriminated against Mrs X. We cannot determine whether the Council has breached the Equality Act 2010 or determine whether the Council is liable for her financial losses. These are matters for the courts.

Summary: We cannot investigate this complaint about how the Council is managing one of its social housing properties.

Summary: We will not investigate Mr X’s complaint about the Council’s investigation and decision(s) relating to a Councillor standards of conduct complaint. Further investigation by us is unlikely to lead to a significantly different outcome for Mr X.

Summary: We will not investigate this complaint about the Council charging the complainant for removing wood from his fallen tree from the highway. We cannot decide whether the Council is liable for the cost. This is a matter for the Council’s insurer or the courts. Also, we will not investigate a complaint that the Council has failed to provide information. It is reasonable to expect Mr X to complain to the Information Commissioner’s Office on this point.

Summary: We will not investigate this complaint about the Council’s handling of a planning application. This is because there is not enough evidence of fault by the Council and the complainant has not suffered significant personal injustice from the result.