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Statement Upheld Special educational needs 21-Oct-2024
Summary: Mrs X complained the Council did not issue her child’s education, health and care plan by the statutory deadline, and it failed to provide appropriate educational provision for her child. Mrs X said this meant her child lost their place at specialist educational provision, and it caused unnecessary and avoidable distress. We find the Council at fault for the delay issuing the plan and this caused injustice. The Council will make a payment to remedy the injustice. We cannot investigate the second part of the complaint because it is premature.
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Watford Borough Council (24 002 178)
Statement Upheld Allocations 21-Oct-2024
Summary: Mr X complained the Council wrongly decided he was not eligible for medical priority on the housing register. Mr X says this meant he is living in unsuitable accommodation which impacted his mental health. We find the Council at fault which caused Mr X injustice. The Council has agreed to apologise and make a fresh decision considering all relevant information.
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Halton Borough Council (24 002 816)
Statement Closed after initial enquiries Assessment and care plan 21-Oct-2024
Summary: We will not investigate Mrs X’s complaint about the quality of care provided by her father’s care home and about the Council’s handling of her safeguarding concerns. This is because there is insufficient evidence of fault. In addition, there is another body better placed to consider her complaints.
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The Orders Of St. John Care Trust (24 002 933)
Statement Closed after initial enquiries Residential care 21-Oct-2024
Summary: We will not investigate Mrs X’s complaint about the care provider not including her late mother Mrs Y’s wedding ring on her property inventory, and about the loss of the ring. There is not enough evidence the care provider’s inventory error led to the ring’s loss and the upset that caused Mrs X. There is no different outcome an investigation by us would achieve. It would be reasonable for Mrs X to pursue the legal liability finding she seeks against the care provider by claiming against its insurers and taking the matter to court.
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Leeds City Council (24 003 054)
Statement Upheld Special educational needs 21-Oct-2024
Summary: Mrs B complains about the Council’s delays in carrying out an Education, Health and Care needs assessment for her daughter and issuing the final Education, Health and Care Plan (EHC Plan). There was fault by the Council. It did not meet statutory timescales during the EHC Plan process. Because of this, Mrs B suffered distress and she spent time and trouble chasing the Council for updates. The Council’s failure to meet statutory timescales also delayed her appeal right to the Tribunal. The Council will make a symbolic payment to Mrs B, apologise to Mrs B and her daughter and issue a staff briefing.
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North Yorkshire Council (24 003 206)
Statement Not upheld Private housing 21-Oct-2024
Summary: There is no evidence of fault by the Council. The complainant says the Council should have monitored work once she raised complaints and as it did not, she has been put to time and trouble overseeing the works. The contract for the energy efficiency grant did not any include any requirement for the Council to monitor works and specifically referred to dispute resolution by adjudication or court.
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Luton Borough Council (24 003 870)
Statement Closed after initial enquiries Adoption 21-Oct-2024
Summary: We have discontinued our investigation into Mrs X’s complaint about the Council’s post adoption support for her daughters. This is because, since we received the complaint, the Council has provided Mrs X with a right to review at stage three if she is still dissatisfied. Therefore, we will not investigate further.
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West Sussex County Council (24 004 236)
Statement Closed after initial enquiries Special educational needs 21-Oct-2024
Summary: We will not investigate this complaint about the special educational needs provision for the complainant’s son who has an Education, Health and Care Plan. Some of the complaint is late and there are insufficient grounds to consider it now. If Mrs X wants to challenge the content of her son’s Education, Health and Care Plan, it is a matter for a tribunal. The Council has accepted its communication and complaint handling has been poor. This is not enough to warrant an investigation by the Ombudsman.
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Stockton-on-Tees Borough Council (24 004 573)
Statement Upheld Charging 21-Oct-2024
Summary: The Council acknowledges there was a missed opportunity to explain the funding basis for the late Mr X’s care home placement and has waived the fees for the period when Mr X was deemed to be a short stay resident. That remedies any injustice arising from that complaint. There is no evidence of fault in the way the Council conducted the assessment of mental capacity.
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London Borough of Redbridge (24 005 785)
Statement Closed after initial enquiries Leisure and culture 21-Oct-2024
Summary: We will not investigate Mr X’s complaint the Council falsely accused him of illegally metal-detecting on Council-owned land. There is not enough evidence of fault to justify investigating.