Decisions for Cornwall Council between 01 April 2023 and 31 March 2024


There are 32 results (please note that to maintain confidentiality, we do not publish all our decisions)

  • Cornwall Council (22 011 158)

    Statement Upheld Enforcement 11-Apr-2023

    Summary: Mrs X complained about the Council’s handling of her neighbour’s retrospective application for a Certificate of Lawful Existing Use or Development. Mrs X also complained about the Council’s handling of her nuisance complaints and inaction by the Council’s building control team. We found fault with the Council for failing to review Mrs X’s noise nuisance diary sheets. We also found fault with the Council failing to attend to witness an alleged light nuisance causing three months of delays in handling her complaints. The Council agreed to apologise to Mrs X for this fault.

  • Cornwall Council (22 011 687)

    Statement Upheld Alternative provision 11-Apr-2023

    Summary: The complainant, Mrs X, complained that the Council failed to provide her son with alternative education for seven months and said the Council’s communication has been poor. We find the Council at fault. This caused significant stress to Mrs X who spent time and money in ensuring her son received an education at home. The Council has agreed to several recommendations to address the injustice caused by these faults.

  • Cornwall Council (22 012 607)

    Statement Upheld Charging 18-Apr-2023

    Summary: Mrs X complains the Council failed to deal properly with the valuation of her late father’s beneficial interest in the property he had lived in with his wife. When Mrs X questioned the Council’s valuation, it failed to get an independent valuation. That leaves doubt over the true value of the father’s interest in the property when his wife died. The Council needs to remedy that by getting an independent valuation.

  • Cornwall Council (22 008 489)

    Statement Upheld Special educational needs 03-May-2023

    Summary: Mrs Y complained the Council failed to make proper provision for her son’s Z’s education and special educational needs. We have found fault by the Council in failing to: make all the special education needs provision and support in Z’s EHC Plan; make alternative provision for Z when he was no longer able to attend school; complete the review within the required timescales; and communicate properly with Mrs Y. These faults have caused injustice. The Council has agreed to remedy this by apologising to Mrs Y and Z, making payments to reflect the impact on Z of the missed education and full SEN support, and Mrs Y’s worry and distress, time and trouble and make service improvements.

  • Cornwall Council (22 006 236)

    Statement Upheld Special educational needs 03-May-2023

    Summary: Ms X complained about the Council’s handling of the annual review process for her daughter’s education, health and care plan and her request for a personal budget for her special educational needs. We found the Council failed to keep to statutory timescales during the review process. It also delayed in responding to Ms X’s request for a personal budget and her complaint. In recognition of the injustice caused, the Council has agreed to issue a personal budget statement, apologise to Ms X and make a payment to her.

  • Cornwall Council (22 014 227)

    Statement Upheld Enforcement 08-May-2023

    Summary: There was fault by the Council as an initial complaint was not properly passed to the correct department. The Council remedied this fault by apologising and providing the complainant with the details to make his complaints directly to the correct department. The Council also gave the wrong advice, as it said damage to a highway was a civil matter but has now corrected this advice.

  • Cornwall Council (22 007 941)

    Statement Upheld Other 23-May-2023

    Summary: Ms X complained the Council disregarded her objections about the disruption a nearby development would cause and did not consider the planning application properly. She also says the Council missed opportunities to mitigate the impact of construction noise. We have not found the Council at fault for how it considered the planning application. We have found the Council at fault for how it carried out its noise nuisance investigation. We have made recommendations to remedy the injustice this caused. We have found the Council at fault for not opening a planning enforcement investigation sooner, but this did not cause Ms X an injustice.

  • Cornwall Council (22 011 775)

    Statement Upheld Covid-19 30-May-2023

    Summary: Mrs X complains the Council failed to provide Child Y with the agreed short breaks package, causing distress and upset to Mrs X, Child Y and the rest of the family. The Ombudsman finds fault with the Council for failing to provide the agreed support package. The Council has agreed to a payment in recognition of the distress caused.

  • Cornwall Council (22 010 883)

    Statement Upheld Alternative provision 28-Jun-2023

    Summary: We found fault by the Council on Mrs J’s complaint about it failing to ensure her son received suitable alternative education provision. The evidence does not show if, and how, it considered and decided whether it had a duty to provide it. There were periods of delay, and opportunities to progress were lost. It failed to deal with her complaint properly. The agreed action remedies the injustice caused.

  • Cornwall Council (23 003 341)

    Statement Upheld Charging 06-Jul-2023

    Summary: We will not investigate this complaint about a debt for adult social care fees. The Council has acknowledged its delay, apologised, and offered a repayment plan if necessary. The Ombudsman could not add to the Council’s investigation, and further investigation would not lead to a different outcome.

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