LGO Individual Decisions

Summary: We will not investigate Mr X’s complaint about the Council carrying out repairs on a road. This is because there is insufficient evidence of fault by the Council and the injustice Mr X has experienced is not significant enough to warrant an investigation. We also would not be able to add to the Council’s previous response.

Summary: We cannot investigate this complaint about the school named in an Education Health and Care Plan, or a failure to provide education. Mr X has appealed to the SEND Tribunal about the matter and therefore the law says we cannot investigate. Nor will we investigate Mr X’s further complaint about delays in the annual review process. When considering this complaint, the Council agreed to provide a suitable remedy for Mr X’s injustice and there are no wider public interest issues to justify investigating this complaint.

Summary: We cannot investigate this complaint about the conduct of the Council’s social workers and information they provided in court. The law prevents us from investigating matters that have been subject to court proceedings.

Summary: We will not investigate this complaint about the Council’s delay in issuing an Education, Health and Care plan and arranging payment for its provision. Following the complaint the Council carried out the outcome the complainant was seeking. It is, therefore, unlikely further investigation will have a worthwhile outcome.

Summary: Mr X complained about the Council’s delay in carrying out a care assessment for his mother, Mrs Y, which he says led to a decline in her physical and mental health. Mr X says the matter has caused his family distress and frustration and they are being pursued for unpaid care fees. He would like an independent investigation, a financial remedy to cover the cost of Mrs Y’s care fees, and oversight to prevent similar failures in future. We will not investigate this complaint. It is unlikely we would reach reliable conclusions due to the passage of time, or achieve a meaningful outcome fo

Summary: We cannot investigate if the Council was at fault for failing to ensure Miss X’s child Y received the special educational provision outlined in their Education, Health and Care Plan, as it was too closely connected to her reason for appealing to the Tribunal. There was fault in the Council’s communication and complaint handling for which it has offered a suitable financial remedy during our investigation for the frustration caused. The Council was also at fault for failing to send its decision within four weeks of Y’s annual review meeting however this fault did not cause a significan

Summary: We will not investigate this complaint about the Council’s decision not to issue a new contract to the complainant’s daughter’s home to school transport provider. There is insufficient evidence of fault on the Council’s part to warrant our intervention.

Summary: We will not investigate Miss X’s complaint about her mother’s care and treatment during September and October 2022. This is because a significant amount of time has passed since the events Miss X is complaining about occurred and it would have been reasonable for Miss X to complain to us sooner.

Summary: Mrs X complained the Council did not provide full time education suitable for her daughter’s needs when she could not attend school. We found the Council at fault for not putting in place provision it agreed her daughter needed, impacting on her educational progress. The Council has agreed to apologise and make a symbolic payment to recognise the injustice caused.

Summary: We found fault by the Council on Mrs Y’s complaint about its failure to process her request for an Education, Health and Care plan within statutory timescales. It missed the statutory time limit by 39 weeks. It failed to consider whether it was appropriate to fund her daughter’s special needs it was aware of when she started home education. It also failed to consider its section 19 duties sooner, advise her and consider education other than at school sooner, or give her information about the consequences of home educating her. The Council agreed to send a written apology, pay £397.06

Summary: We will not investigate this complaint about the outcome of safeguarding enquiries. There is not enough evidence of fault in how the Council considered the concerns to justify our involvement.

Summary: We will not investigate this complaint about highway maintenance because there is not enough evidence of fault to justify investigation.

Summary: We will not investigate Mr B’s complaint that his van was damaged by a road defect which the Council had failed to repair. This is because it is reasonable for Mr B to pursue his claim at court.

Summary: Mrs X complained the Council failed to ensure her mother, Mrs Y, had suitable care at home. The Council was at fault. It was also at fault in how it decided that it would not take action to safeguard Mrs Y’s welfare. The faults caused Mrs X significant distress and uncertainty, for which the Council will apologise and pay her £300. It will also issue a staff reminder to prevent similar fault in future.

Summary: We will not investigate this complaint about decisions the Council made about Mrs X’s late mother’s care support. This is because

Summary: We will not investigate Miss X’s complaint about the actions of the Council’s children’s services. This is because it concerns matters that have either been considered in court or can be raised with another body.

Summary: We will not investigate this complaint about the Council’s disclosure of Ms X’s personal data to her ex-partner. This is because the complaint concerns a data breach. The Information Commissioner’s Officer would be better suited to consider the matters complained about.

Summary: Mrs X complains on behalf of Mr and Mrs Y that the Council has not dealt with adult social care properly, causing avoidable distress and Mr and Mrs Y’s needs not being met. The Council is at fault because Mrs X was not informed about bathing issues, Mr and Mrs Y missed some care and the Care Provider did not respond to the complaint properly. Mrs X suffered avoidable distress and had to provide some care to Mr and Mrs Y. Mr and Mrs Y suffered a lack of care. The Council should apologise to Mrs X and Mr and Mrs Y.

Summary: We cannot investigate this complaint about the Council’s placement of Mr X’s relative in a care home. The Council’s decision was considered in the Court of Protection. We have no power to consider matters decided in court.

Summary: We will not investigate Mrs X’s complaint about traffic calming measures. This is because the complaint is late.

Summary: We will not investigate this complaint about a decision to detain Miss X under the Mental health Act. There was a tribunal available and this would have been the appropriate way to challenge this decision. We will not investigate the Council’s role in how it arranged the Mental Health Assessment or with how it looked after Miss X’s dog because there is insufficient evidence of fault.

Summary: We will not investigate this complaint about the Education, Health and Care plan process. This is because the Council apologised and offered a suitable remedy and it is unlikely further investigation would achieve anything more for Mr X.

Summary: We will not investigate this complaint about the Council’s involvement in a safeguarding enquiry, in which Mr X was the alleged perpetrator. There is insufficient evidence of fault by the Council. Other matters are best considered by the Information Commissioner.

Summary: Mrs Y complained about the way the Council dealt with her child, Z’s special educational needs and educational provision following a move to the Council’s area. We have found fault causing injustice by the Council in failing to: place Z temporarily at another school; secure their special educational needs provision; and make suitable alternative provision following the transfer of their Education, Health and Care Plan. The Council has agreed to remedy this by: apologising to Mrs Y and Z; making payments to reflect the distress caused and the impact of the missed education on Z; and se

Summary: Mrs Y complained about the way the Council dealt with her child, X’s special educational needs and educational provision following a move to its area. We have found fault causing injustice by the Council in failing to: place X temporarily at another school; secure their special educational needs provision; and make suitable alternative provision following the transfer of their Education, Health and Care Plan. The Council has agreed to remedy this by: apologising to Mrs Y and X; and making payments to reflect the distress caused and the impact of the missed education on X.