Decision search
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Colchester City Council (22 017 812)
Statement Not upheld Enforcement 28-Mar-2024
Summary: Mrs X complained about the Council’s handling of enforcement action against the developer of a site near her home. We have ended our investigation. This is because there is an ongoing planning enforcement investigation, and so it is not possible for us to determine the level of injustice the alleged fault may have caused Mrs X and her neighbours.
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London Borough of Enfield (23 002 241)
Statement Not upheld Assessment and care plan 28-Mar-2024
Summary: Mrs X said she asked the Council to assess her needs and offer her an advocate since November 2020 and the Council failed to do so. We have not found evidence of fault. The Council has now offered Mrs X an assessment of her needs with the assistance of an advocate.
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Surrey County Council (23 003 786)
Statement Upheld Special educational needs 28-Mar-2024
Summary: Mr M and his mother complain the Council left him without education from 2019. It delayed reviewing his Education, Health and Care Plan, did not respond to their request to explore a personal budget and delayed referring them to the Council’s Adult Social Care service for an assessment. We will not investigate some parts of Mr M’s complaint. But we have found fault with the parts we have investigated. The Council has agreed to our recommendation of an improved remedy to that which it had offered.
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Leicestershire County Council (23 004 123)
Statement Upheld Special educational needs 28-Mar-2024
Summary: Mrs X complained the Council caused delays in its Education, Health and Care Needs Assessment, failed to agree a necessary EOTAS provision budget and failed to provide provision under section 19. I have found fault with the Council’s actions. There were significant delays in the assessment, a failure to review provision while C was out of school and fault in how it decided the EOTAS budget. The Council will apologise, act to remedy the loss of education and delayed appeal rights and review its policy to prevent the reoccurrence of fault.
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Derby City Council (23 005 352)
Statement Not upheld Other 28-Mar-2024
Summary: We have ended our investigation of Mr X and Mrs Y’s complaint about the actions of health visitors commissioned by the Council to provide a service to families. This is because we consider: we cannot achieve the outcome they want; we cannot add to the previous investigation by the service provider and its response already represents a reasonable outcome to some of the complaint issues; there is not enough evidence of fault to justify investigating, or enough evidence any fault caused Mr X and Mrs Y injustice: and the information commissioner is better placed than us to look at some of their concerns.
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Royal Borough of Kensington & Chelsea (23 005 633)
Statement Upheld Other 28-Mar-2024
Summary: Ms X complains that the Council has failed to provide suitable temporary accommodation to her and her family. The Council is at fault as it has failed to provide alternative suitable temporary accommodation for Ms X and her family. As a result, Ms X and her children have lived in unsuitable temporary accommodation for 26 months and this injustice is ongoing. The Council has agreed to remedy the injustice by apologising to Ms X and making a payment of £3900 to her. The Council will also make a payment of £150 per month to Ms X for every month she remains in unsuitable temporary accommodation.
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West Sussex County Council (23 005 741)
Statement Upheld Alternative provision 28-Mar-2024
Summary: Mrs X complained the Council failed to provide her child with alternative education when she was unable to attend school due to ill health. The Council was at fault for failing to consider its duty under Section 19 of the Education Act 1996 from April 2022 to February 2023. The Council has agreed to apologise to Mrs X and pay her £3250 to acknowledge the frustration, uncertainty and the loss of provision.
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Hertfordshire County Council (23 009 810)
Statement Upheld Special educational needs 28-Mar-2024
Summary: Miss C complained about delays by the Council in taking action to support her child, who has special educational needs. We uphold the complaint. We find the Council delayed in consulting a specialist school, in obtaining advice about the child’s speech and language needs and in completing a review of their Education, Health and Care Plan. These delays caused Miss C distress. The Council has accepted our findings and at the end of this statement we set out the action it has agreed to remedy this injustice and improve its service.
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West Lindsey District Council (23 010 112)
Statement Not upheld Planning applications 28-Mar-2024
Summary: Mr L complains the Council failed to take sufficient action over breaches of planning approval on a neighbouring development. Our view is the Council did respond as the law expects it to. In the absence of any administrative fault, the merits of the decisions the Council made about enforcement are not something we can criticise. So we do not uphold the complaint.
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JK Healthcare Limited (23 010 163)
Statement Not upheld Residential care 28-Mar-2024
Summary: Ms X complains about the care provided to Mr Y at a care home. We have discontinued our investigation as it is not proportionate to investigate the complaint any further.