LGO Individual Decisions

Summary: We will not investigate this complaint about the Council’s decision to issue a Community Protection Warning. There is not enough evidence of fault to justify our involvement.

Summary: Miss B complained there were delays by the Council during the Education, Health and Care (EHC) Plan process for her son, who I will refer to as C; it failed to secure provision for C as set out in his EHC Plan, and it failed to arrange alternative provision for C when he was unable to attend school. There was fault by the Council. The Council did not meet statutory timescales during the EHC Plan process, did not properly consider and evidence if a section 19 duty applied and if C’s school was available and accessible, and delayed putting in place education provision for C. Because of

Summary: We will not investigate this complaint about the way the Council considered a report of a breach of planning control. We have not seen enough evidence of fault in the Council’s actions to justify an investigation.

Summary: We will not investigate Mrs X’s complaint that her car was damaged by a pothole. This is because it is reasonable for Mrs X to pursue the matter at court.

Summary: We will not investigate this complaint about a warning issued to Miss X. This is because an investigation is unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

Summary: We found some delay by the Council on Mrs Y’s complaint about its handling of her outline planning application. There was no outstanding injustice to her from the delay.

Summary: We cannot investigate Ms X’s complaint about the Council’s actions in relation to recent court proceedings for her child because it lies outside our jurisdiction. The law prevents us from considering complaints about matters that have been subject to court proceedings. We have no discretion to do so.

Summary: We will not investigate how the Council dealt with a councillor conduct complaint as the complainant is not caused a level of personal injustice that would justify our further involvement.

Summary: We will not investigate Miss X’s complaint the Council fraudulently put her signature into a child protection document. There is not enough evidence of fault to justify our involvement.

Summary: We will not investigate Mr X’s complaint the Council refused to take enforcement action against his landlord. There is not enough evidence of fault to justify investigating.

Summary: We will not investigate this complaint about the Council’s decision not to refund the cost of Miss X’s parking permit. The Council’s terms and conditions clearly state annual parking permits are non-refundable under any circumstances. There is not enough evidence of fault in the Council’s handling to justify our involvement.

Summary: We will not investigate Mrs X’s complaint about the Council’s refusal to cancel a Penalty Charge Notice. This is because Mrs X had a right of appeal which it would have been reasonable for her to use and the injustice she claims is not significant enough to justify our involvement.

Summary: We cannot investigate complaints about court action or the police so we cannot consider Mr X’s complaint about the issue of a warrant. We do not investigate complaints handling unless we are also investigating the underlying complaint. The Information Commissioner’s Office is better placed to consider complaints about subject access requests.

Summary: We will not investigate this complaint about a dispute over council tax exemption. Mr X has the right to appeal the Council’s decision to the Valuation Tribunal and we have no power to investigate the actions of the Valuation Office Agency.

Summary: Mr X complained the Council has not taken planning enforcement action to control a development near his home that does not have planning permission. He said the Council delayed its investigation until four years elapsed since the build, then said the work was immune from enforcement. Mr X said his home is overlooked because of the Council inaction and this impacted his mental health. There was fault because the Council lost control of unlawful development at this site, delayed considering Mr X’s concerns and its communication was poor. This frustrated and distressed Mr X. The Council

Summary: We will not investigate this complaint about the Council’s decision not to take enforcement action against a neighbour’s breach of planning control. We have not seen enough evidence of fault in the Council’s actions.

Summary: Ms X complains the Council failed to check the School was providing section F provisions in her daughters Education Health and Care Plan. She also said the Council did not stick to legal timeframes. The Council is at fault for failing to check the section F provisions were in place. This has caused Ms X’s daughter to miss educational provision and caused Ms X distress, time and trouble. The Council agreed to a package of remedies.

Summary: We will not investigate this complaint about the Council’s investigation of smoke nuisance from a neighbour’s wood-burning stove. There is insufficient evidence of fault which would warrant an investigation.

Summary: We will not investigate this complaint about the Council’s decision to cease home tuition for the complainant’s son. This is because there is insufficient evidence of fault on the Council’s part to warrant our intervention.

Summary: We cannot investigate this complaint about how independent adjudicators are appointed to the Traffic Penalty Tribunal. Adjudicators are judicially appointed, and so the matter Mr X complains about is not an administrative function of the Council.

Summary: We will not investigate this complaint about how the Council’s Monitoring Officer dealt with a complaint about the conduct of a councillor. This is because we are unlikely to find fault and the complainant has not suffered significant injustice.

Summary: We will not investigate Miss X’s complaint that the Council shared her personal information without her consent. This is because the Information Commissioner is better placed to consider the matter.

Summary: We will not investigate this complaint about a dispute over a boundary fence between private property and the public highway. We cannot determine boundary disputes and the courts are the bodies best placed to decide civil matters.

Summary: We will not investigate this complaint about support provided by the Council’s Housing Service. There is not enough evidence of fault to justify our involvement.

Summary: We will not investigate Mrs X’s complaint about the Council’s delay in applying to discharge a care order for her children. We could not add to the Council’s investigation and responses under all three stages of the statutory complaints process.