LGO Individual Decisions

Summary: Mr X complained the Council did not issue an updated Education, Health and Care Plan for his child, Y after an annual review in August 2024. He also complained about poor communication from the Council. We found fault by the Council on both parts of Mr X’s complaint. The Council has agreed to apologise and make a payment to recognise the impact of Y’s missed provision and the distress, frustration and uncertainty caused.

Summary: Mrs X complained about the Council’s decision to classify her late father’s care home placement as permanent, rather than temporary. She also complained the Council failed to explain the implications of signing a deferred payment agreement, and it gave misleading advice about it. We do not find the Council was at fault.

Summary: We have upheld this complaint because the Council delayed carrying out an Education Health and Care needs assessment for a child. The Council has agreed to resolve the complaint by providing a suitable remedy.

Summary: We have upheld this complaint because the Council delayed carrying out an Education Health and Care needs assessment for a child. The Council has agreed to resolve the complaint by providing a suitable remedy.

Summary: Miss X complained the Council poorly managed the process for issuing her child’s Education, Health and Care Plan. We find the Council at fault for a delay in issuing the final Education, Health and Care Plan, poor communication and a delay in issuing responses to Miss X’s complaints. The delays in issuing the final Education, Health and Care Plan impacted B’s access to education during a key transition year. The Council has agreed to apologise to Miss X and make a symbolic payment to remedy the injustice caused.

Summary: We will not investigate Mrs X’s complaint about an unsuccessful appeal for a school place. This is because there is not enough evidence of fault by the panel for us to be able to question its decision.

Summary: The Council was at fault for failing to ensure two annual reviews of Y’s Education, Health and Care (EHC) Plan were carried out within statutory timescales. The Council was also at fault for failing to provide Y with a suitable education when they stopped attending school due to illness. The Council has agreed to apologise and make a symbolic payment to remedy the injustice caused.

Summary: The complaint is about the Council’s decision that it would not fund the fees for the care home the complainant was in. So she needed to move when the Council took over the care funding. Also that the Council did not give the complainant a choice of alternative care homes to move to. We see no fault in the way the Council arrived at its decision about the maximum care fees it would pay. It did only provide one alternative care home, but has explained why. We do not uphold the complaint.

Summary: The Council commissioned care provider was at fault for the poor care it provided to Mrs X’s late mother, Mrs Z. The Council was at fault for the delay in arranging a respite placement for Mrs Z and for the failure to explore the option of direct payments to pay for the respite. It also failed to properly explore alternative options when Mrs Z wanted a long-term care home placement. The Council has agreed to apologise to Mrs X, make a payment equivalent to the direct payment for respite and a payment to acknowledge the distress, frustration and uncertainty she was caused by the Counci

Summary: We have found fault with the Council for delays during Mrs X’s son’s (Y’s) Education, Health and Care needs assessment and Mrs X’s son’s (Z’s) annual review process. These delays caused the family frustration, uncertainty and missed opportunity. The Council has agreed to apologise and make Mrs X a symbolic payment in recognition of this avoidable distress.

Summary: We will not investigate this complaint about the Education, Health and Care Plan process. This is because the Council has agreed to an appropriate remedy for the injustice caused by the delay.

Summary: We will not investigate Mr B’s complaint that his car was damaged due to the Council’s failure to maintain a highway. This is because this complaint is late and it is reasonable for Mr B to take the Council to court.

Summary: We cannot investigate this complaint that Mr X was denied his right to challenge a parking penalty charge notice as Mr X has asked the court to consider his case.

Summary: We will not investigate this complaint that the Council failed to make appropriate educational provision for the complainant’s child. This is because the complaint concerns matters about which the complainant had the right to appeal to the First-tier Tribunal (Special Educational Needs and Disability) or are closely related to such matters, and it was reasonable for her to do so.

Summary: Mrs X complained the Council did not complete Miss Y’s annual review and the issue a final Education Health and Care (EHC) Plan within the required timeframe. She also complained the Council delayed in securing a place at a college following the Special Educational Needs and Disability (SEND) Tribunal order in November 2024. We found the Council’s failure to complete the EHC Plan annual review in accordance with the statutory timeframes is fault. As is the failure to ensure Miss Y received the provision set out in her EHC Plan between November 2024 and January 2025. This fault has cau

Summary: The Council was not at fault for how it assessed Mrs X’s child, Y’s needs following a Disabled Facilities Grant application. It considered information from Mrs X, Y’s doctor and the local housing authority and made recommendations that met Y’s needs.

Summary: We will not investigate Mr X’s complaint about how the Council communicated with him regarding his Freedom of Information requests. This is because the matter has not caused him a significant injustice.

Summary: Mrs X complained the Council failed to issue her child’s final amended Education, Health and Care Plan within the statutory timescales, and failed to provide suitable alternative provision when her child was out of school. We find the Council at fault for delays, failing to provide suitable education and special educational provision, and failing to learn from previous complaints. The Council has agreed to apologise, make a payment to Mrs X, and take action to improve its services.

Summary: Mrs X complained on behalf of Mr A about the Council’s delay in deciding his financial contribution to his care costs, and its policy to cap disability related expenditure to the amount of his disability benefit. We find the Council’s delay and policy to adopt a blanket approach was fault which caused distress and might have caused it to overcharge Mr A. The Council has agreed to apologise, make a symbolic payment, recalculate Mr A’s financial contribution and reimburse any overcharges, and amend its policy.

Summary: We will not investigate this complaint about a financial assessment of Miss X’s care costs. There is not enough evidence of fault by the Council to warrant investigation by us.

Summary: The Council failed to provide the tutoring and mentoring set out in Ms X’s adult son’s (Mr S’s) Education, Health and Care (EHC) Plan. The Council has already apologised. It should also pay Ms X £996 which is the cost of Mr S’s missed provision.

Summary: We have upheld Ms X’s complaint about a lack of information about the cost of adult social care, which meant she could not make an informed choice about accepting a care package. The Council has agreed to take appropriate steps to remedy the injustice caused.

Summary: We cannot investigate Miss X’s complaint about the level of contact she has with her children. The matter is being considered by a court, and the law says the Ombudsman cannot investigate.

Summary: There was delay issuing Y’s Education, Health and Care Plan which caused avoidable uncertainty and missed educational provision. The Council will apologise and make payments to reflect the injustice. The Council will provide us with evidence it has resolved the systemic delay in obtaining Educational Psychology advice across the service.

Summary: Miss X complained about delays in completing an Education, Health and Care needs assessment for Y. The Council was at fault for delays causing frustration and uncertainty and meaning Miss X incurred the cost of a privately commissioned report. The Council has agreed to apologise, reimburse Miss X for the costs incurred and make a payment to recognise the injustice.