LGO Individual Decisions

Summary: Mrs C complained about a series of delays connected to a review of her son’s Education, Health and Care Plan. We upheld the complaint, finding delays by the Council had caused Mrs C unnecessary distress and frustrated a possible appeal about the content of the plan. Mrs C was also put to unnecessary time and trouble in chasing the Council for updates. The Council has accepted these findings and at the end of this statement, we set out the action it has agreed to remedy this injustice.

Summary: We will not investigate Mr C’s complaint about care and support provided to Mrs D before she died. This is because

Summary: We will not investigate Mr X’s complaint about the Council’s decision not to take further action against a trader who he says sold him a faulty product. This is because there is not enough evidence of fault by the Council causing Mr X significant injustice. The issue Mr X reported to the Council is a private civil matter and his remedy for the issue lies in a claim against the trader at court.

Summary: Mrs X complained about the support the Council provided for her son, Y’s, special educational needs. There was fault with how the Council ensured that all the support Y should have had was provided and delays following a December 2021 annual review. This caused Y to miss out on support he needed and caused Mrs X avoidable distress, uncertainty and inconvenience. The Council agreed to apologise, issue the final Education Health and Care plan, pay Mrs X a financial remedy and issue reminders to its staff.

Summary: Ms C complains the Care Provider acting on behalf of the Council failed to provide acceptable care to her late grandfather. The Care Provider is at fault for failing to properly record medication, nutrition, and wound interventions. Care staff did not always act professionally or adequately support Mr D when he was vulnerable. To remedy the complaint the Council has agreed to ensure the Care Provider makes procedural changes, provide staff training, and pay Ms C £500 to acknowledge her avoidable time, trouble, distress, and uncertainty.

Summary: The Council was at fault for delays in amending and finalising an Education, Health and Care Plan. The delays will have caused uncertainty about future provision for Mrs X’s son. The Council has already apologised for delays in holding an annual review meeting and it should now offer a financial remedy to properly recognise the injustice to Mrs X.

Summary: We cannot investigate this complaint about the school named in an Education Health and Care Plan. This is because the complainant has used her right of appeal to a tribunal and this places the matter outside our jurisdiction.

Summary: there is no fault in the Council’s consideration of Ms B’s request for transport for her three younger children

Summary: We will not investigate this complaint about the Council’s failure to put Mr X’s complaint about the Coroner’s Office through its complaints procedure. We are unlikely to add anything to the substantive matter about the location of the inquest.

Summary: We cannot investigate this complaint about the provision of education for the complainant’s son while he is out of school. This is because the complainant has used her right to appeal to a tribunal and this places the matter outside our jurisdiction.

Summary: Miss X complains about how the Council has dealt with her occupational therapy assessment. The Council is at fault as it delayed in carrying out an occupational therapy assessment, delayed in pursuing the recommendations of the assessment and delayed in responding to Miss X’s complaint. The delays caused distress, frustration and avoidable time and trouble to Miss X which the Council has agreed to remedy by apologising and making a payment of £1000 to her and taking further action.

Summary: Mrs X complains the Council failed to make alternative education provision for her son when he could not attend school. The Council is at fault as it did not make alternative provision for Y when he was unable to attend school. As a result, Y did not receive suitable provision and support between April 2021 and February 2022. The Council also delayed in issuing Y’s Education, Health and Care plan and in agreeing a personal budget. The Council has agreed to remedy Y’s injustice by making a payment to acknowledge he has been disadvantaged by the lack of alternative provision and a payme

Summary: We will not investigate this complaint about the Council’s actions in relation to the behaviour of a social worker.This is because we could not add anything to the previous investigation by the Council or achieve anything further through another investigation.

Summary: Mrs F complains about the council commissioned care her late father received at Camelot House and Lodge nursing home. Mrs F says poor care at the end of her father’s life caused him pain and discomfort and the family significant distress. The Council has accepted there was fault which caused injustice to Mrs F. It has agreed to make a payment to acknowledge this and make service improvements.

Summary: We will not investigate this complaint about how the Council dealt with an assessment of a child’s needs, and its decision to refuse the complainants request to reimburse school fees. This is because there is insufficient evidence of fault and further investigation would not lead to a different outcome.

Summary: We cannot investigate this complaint about how the Council dealt with an appeal to the Tribunal and other related matters. This is because the fact the complainant appealed places the matter outside our jurisdiction. We cannot consider complaints about schools.

Summary: We will not investigate this complaint about how the Council issued Mr X with a penalty charge notice (PCN). This is because we cannot achieve the outcome Mr X seeks or add to what the Council has already said.

Summary: We will not investigate this complaint about school admissions and home to school transport. This is because we cannot investigate complaints about school places at academies. It is reasonable for the complainant to use the Council’s own appeals process if she wants to challenge the decision not to provide home to school transport.

Summary: A care home providing care on behalf of the Council, made several unsuccessful attempts to contact Ms X to notify her of her father’s deteriorating health and his subsequent death. There is no fault in the care home then notifying the second recorded contact.

Summary: Miss X complains the Council have not dealt properly with education provision for her son Y. The Council is at fault because it didn’t ensure SEN (Special Educational Needs) provision was made, an annual review was not held properly and it issued an amended EHCP too late. Y missed SEN provision and Miss X’s appeal right was delayed for over three months. The Council has agreed to pay Miss X £2,000 and provide guidance to staff.

Summary: We cannot investigate this complaint about direct payments. This is because Ms Y is not complaining as a member of the public.

Summary: We have discontinued our investigation into Mrs B’s complaint about the Council’s complaint-handling. We could not add to what the Council has already said, and Mrs B did not suffer an injustice significant enough to justify our involvement.

Summary: We will not investigate this complaint about the Council’s decision to refuse the complainant’s application and appeal for a school place for her son. This is because there is no evidence of fault on the Council’s part.

Summary: We will not investigate this complaint about the adequacy of Council’s Tree inspection regime. This is because the injustice claimed is damage to the complainant’s car arising from a tree. It is reasonable for the complainant to take her negligence claim to court.

Summary: Mrs X complained about the Council’s actions in relation to her son’s Educational Health Care Plan. This included delay, failure to provide the support outlined in the Plan, and failure to make alternative provision when her son could not attend school for medical reasons. There is fault with the Council for the delays in issuing Y’s Plan. This delayed Mrs X’s appeal rights causing distress and uncertainty. The Council has agreed to apologise and pay Mrs X to remedy the injustice caused by the fault.