East Sussex County Council (20 002 222)

Statement Closed after initial enquiries Disabled children 20-Aug-2020

Summary: The Ombudsman will not investigate this complaint about the Council’s decision not to issue a Blue Badge under the hidden disability rules. This is because there is insufficient evidence of fault by the Council.

Gateshead Metropolitan Borough Council (19 012 176)

Statement Upheld Disabled children 22-Jul-2020

Summary: Mr B complains about the actions of the Council in respect of care for his disabled children. Where his complaint concerns social care, which is the responsibility of the Council, the statutory three-stage procedure for children’s services complaints applies. That procedure has not yet been completed. The Council has indicated its willingness to compete the process and that is the appropriate way for Mr B to pursue his complaint at this time. On this basis, the Ombudsman has discontinued his consideration of this complaint. Where Mr B’s complaint concerns respite provision and the principal issue is one of clinical care, the appropriate service to deal with this is the Parliamentary and Health Service Ombudsman.

London Borough of Havering (19 005 362)

Statement Upheld Disabled children 10-Jul-2020

Summary: Mr and Mrs B complained the Council failed to provide their daughter with a suitable home chair, wrongly began a safeguarding investigation and delayed responding to a complaint. Delays providing the home chair were not due to fault by the Council. A single assessment completed by the Council was inaccurate and the Council delayed responding to Mr and Mrs B’s complaint. That led to Mr and Mrs B having to go to time and trouble to pursue their complaint and caused them distress. A payment to Mr and Mrs B and an apology is satisfactory remedy.

East Sussex County Council (18 014 161)

Statement Upheld Disabled children 29-Jun-2020

Summary: Ms S complained the Council failed to help her cope with her youngest child, T’s, behaviour and that it ‘normalised child to parent violence’ instead of putting in place respite support. The Ombudsman has found fault causing injustice. The Council has already apologised. It has been asked to make a payment to acknowledge the impact of the loss of respite care.

Blackburn with Darwen Council (19 014 415)

Statement Not upheld Disabled children 22-Jun-2020

Summary: Mrs L complained the Council failed to put support in place for her two sons, M and N, outside of term time. There is no evidence of Council fault. Mrs L can ask the Council for support to encourage her eldest child’s independence if she wishes to do so.

Somerset County Council (19 012 113)

Statement Not upheld Disabled children 18-Jun-2020

Summary: There was no fault in the way the Council decided that the complainant’s son was not eligible for direct payments.

Kent County Council (19 002 786)

Statement Upheld Disabled children 16-Jun-2020

Summary: The complainant says that her disabled child has been without the specific therapy, specified in his Education, Health and Care Plan, for a two year period. The Ombudsman has found fault by the Council in its failure to provide this and the Council has accepted the recommended actions to remedy the resulting injustice. The Ombudsman has therefore completed his investigation and is closing the complaint.

Suffolk County Council (19 007 626)

Statement Upheld Disabled children 16-Jun-2020

Summary: Mr X complains the Council has failed to provide appropriate support and social care provision for his son, Y, causing him stress and affecting Y’s welfare. The Ombudsman finds no fault in the Council’s decision making on, or provision of support for Y, but finds fault in its handling of Y’s case and Mr X’s complaint. The Ombudsman recommends the Council provides Mr X an apology, make a payment for time, trouble and distress and takes action to prevent recurrence.

Kent County Council (19 009 190)

Statement Not upheld Disabled children 03-Jun-2020

Summary: The complainant is concerned that the Council has delayed in providing appropriate social care to her disabled son and to her. The complainant has appealed to the Tribunal in respect of her son’s final amended Education, Health and Care Plan. The Tribunal will be able to make recommendations about the appropriate level of social care. The Ombudsman considers it is best to wait the outcome of the Tribunal before investigating this complaint. He will therefore discontinue this investigation.

Rochdale Metropolitan Borough Council (19 011 321)

Statement Closed after initial enquiries Disabled children 24-Apr-2020

Summary: The Ombudsman will not investigate Mrs X’s complaint about the Council’s actions regarding her relationship with her daughter. The complaint is largely outside the Ombudsman’s jurisdiction on the 12 month rule. Mrs X is complaining late and there is nothing to achieve by investigating.