LGO Individual Decisions

Summary: We will not investigate this complaint about Council tax support because an appeal has been made to the Valuation Tribunal.

Summary: We will not investigate this complaint about the Council advising the Planning Committee Members to disregard an email the complainant had sent them about a planning application. We do not consider the alleged fault has caused the complainant a significant injustice.

Summary: We will not exercise discretion to investigate this complaint about delay in the Council’s sale of land to Mr X. 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.

Summary: We will not investigate this complaint about how the Council dealt with the complainant’s planning application. This is because the complainant has appealed to the Planning Inspector.

Summary: We cannot investigate this complaint about the Council’s decision to remove a council tax discount. This is because Mrs X has appealed to the Valuation Tribunal.

We will not investigate this complaint about the Council’s response to concerns Mrs X has about a family relation. This is because there is not sufficient evidence of fault for parts of her complaint and as to the other parts, it is not likely investigation would lead to a different outcome.

We will not investigate Ms X’s complaint about the Council’s refusal to fund Extra Care Housing in another council area. This is because there is not sufficient evidence of fault by the Council in making this decision.

Summary: We will not investigate this complaint about a planning application as the planning application has not been determined yet and so any injustice is speculative.

Summary: We will not investigate this complaint about the Council’s failure to manage surface water run off where she lives. The Council has cleared and jetted the relevant drains/gullies and has commissioned a report in accordance with its duties under section 19 of the Flood and Water Management Act. The report will be published once complete. We do not consider an investigation will lead to a worthwhile outcome.

Summary: Miss X complained the Council failed to consider whether it owes a duty under section 17 of the Children Act 1989, particularly section 17(6), to provide accommodation. She says that living away from her son’s school and transporting him daily is causing distress and is unsustainable. The Council declined to carry out an assessment under the Children Act because Miss X and her son do not reside in its area. This is fault as caselaw has established the test is physical presence in the area and going to school would meet this test.

Summary: Ms K complained about the Council’s decision to change her children’s school transport arrangements. She said it was not suitable for their needs and she had to transport them at her own expense. While the Council has since made a suitable transport offer, we found the Council at fault for not offering Ms K an appeal when it should have done. This caused her avoidable uncertainty. The Council has agreed to our recommendations to remedy the injustice caused.

Summary: We will not investigate this complaint about the Council taking Miss X’s child into care and having them put up for adoption. The law prevents us from investigating matters subject to court proceedings.

Summary: Mrs D complains the Council failed to provide education or special educational provision to her son, J, for over a year. The Council has accepted there was fault. To remedy this it has agreed to apologise and make a payment to Mrs D for J’s educational benefit. We found fault in complaint handling which has caused Mrs D some time and trouble. The Council has agreed to review its complaint policy.

Summary: We will not investigate this complaint about how the Council deals with planning applications. This is because the complainant has not suffered any significant personal injustice as a result of the alleged fault.

Summary: We will not investigate this complaint about the Council’s decisions regarding Ms X as a foster carer. There is not enough evidence of fault by the Council to warrant our further involvement.

Summary: We will not investigate this complaint about the Council’s delay completing the Education, Health and Care plan process. This is because any injustice is not significant enough to warrant an investigation.

Summary: Ms C complains the Council failed to properly assess her charges for support within her home and provide her with a direct payment to meet her eligible needs. The Council is at fault for making decisions without considering Ms C’s individual situation both about her charges and her direct payment. This has caused uncertainty about whether Ms C’s charge and direct payment is correct. The Council has agreed to apologise to Ms C and pay her £250 for the uncertainty and avoidable time and trouble this has caused her. It will also remind staff and if necessary provide training about not ap

Summary: We will not investigate this complaint about the Council’s actions concerning what happened to Mrs X’s child in school. There is not enough evidence of fault by the Council in matters concerning safeguarding and attendance to warrant investigation. We cannot investigate the actions of the school. And Mrs X has a right it would be reasonable to use to approach the Information Commissioner’s Office about data matters.

Summary: We will not investigate this complaint about the care provided to Ms X’s mother by her care provider. This is because there is insufficient evidence of fault to justify an investigation.

Summary: We will not investigate this complaint about the Council’s pre-planning application advice. The Council’s apology and refund of the planning application fee is an acceptable remedy to part of the complaint. And further investigation is unlikely to led to a different outcome. Also, it is reasonable to expect the complainant to appeal to the Planning Inspector against the refusal of a planning application.

Summary: We will not investigate this complaint about the Council failing to provide information requested by the complainant. This is because the Information Commissioner’s Office is better placed to consider the matters raised.

Summary: Mrs X complained about how the Council dealt with her request for support to help her care for her child following an operation. We do not find the Council was at fault in the ways Mrs X alleges, but there are flaws in its process for carrying out parent carer assessments. The Council has agreed to review the process.

Summary: We will not investigate this complaint about the Council’s decision to grant planning permission for a development next to Mrs X’s home. This is because the decision to grant planning permission was taken in 2003 and so this is a late complaint and there are no good reasons to investigate now. We will also not investigate Mrs X’s complaint about damage caused to her property because the Council is not responsible for this.

Summary: We will not investigate Mrs X’s complaint about the Council’s handling of a planning matter. The complaint appears late and there is not enough evidence of fault by the Council. The matter also does not cause Mrs X significant injustice.