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Statement Upheld Assessment and care plan 08-Jul-2024
Summary: There was fault as the Council did not invite Ms B to its Care Act assessment of her relative, Mr C. The Council continued to pay Mr C’s care home fees for several months, even though Mr C was a self-funder. This meant that Ms B then received a large invoice which had to be paid immediately. The Council has agreed to apologise and make a small payment to Ms B to reflect the distress caused by the fault.
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Statement Upheld Charging 08-Jul-2024
Summary: Mr X complained the Council issued a care plan for his father, Mr F, with more care than he needed at a significant cost which it did not explain. Mr X said his father would not have agreed to the care plan if the Council had told him the cost, especially as he could manage with less care. The Ombudsman found the Council followed procedure when it drafted the care plans and assessed Mr F’s finances but is at fault for failing to communicate this effectively.
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Essex County Council (23 010 280)
Statement Upheld Alternative provision 08-Jul-2024
Summary: Mrs X complains that the Council failed to make suitable alternative education provision for her child, Y, and refused her request for a personal budget. The Council is at fault as it delayed in considering its duty to provide suitable alternative provision, delayed in commissioning the provision and delayed in issuing Y’s Education, Health and Care plan. The delays caused distress to Mr and Mrs X which the Council will apologise for and make a symbolic payment of £500 to them. The Council will also make a symbolic payment of £300 to Y to acknowledge the disadvantage caused to them by the delay in issuing the Education, Health and Care plan and a symbolic payment of £250 to acknowledge they missed three weeks of tuition.
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London Borough of Lewisham (23 011 641)
Statement Not upheld Assessment and care plan 08-Jul-2024
Summary: We will not investigate Miss X’s complaint about the Council’s decision to end her care package. This is because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the uncertainty caused.
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Essex County Council (23 013 165)
Statement Upheld Special educational needs 08-Jul-2024
Summary: Ms X complained the Council delayed her child, Y’s annual review process and delayed issuing Y’s amended Education, Health and Care (EHC) Plan following an annual review in January 2023. The Council was at fault for the delay in the annual review process. It was also at fault for the delay in issuing Y’s final amended EHC Plan following the annual review. The Council will apologise to Ms X for the delays and pay her a symbolic payment.
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City of Doncaster Council (23 014 161)
Statement Upheld Special educational needs 08-Jul-2024
Summary: Miss X complained the Council delayed issuing her child, Y’s Education, Health and Care (EHC) Plan in line with statutory timescales. Miss X also complained the Council failed to provide Y with suitable education while they could not attend school. The Council was at fault when it delayed issuing Y’s EHC Plan and caused uncertainty if Y received a suitable education between late February 2023 and November 2023. The Council will apologise, make a symbolic payment and carry out service improvements.
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Cumberland Council (23 014 487)
Statement Upheld Alternative provision 08-Jul-2024
Summary: the Council delayed putting in place alternative provision when Mrs B’s daughter could not attend school. An apology, payment to Mrs B, reminder to officers and provision of evidence to show the measures the Council has put in place to address the issues with alternative provision is satisfactory remedy.
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Suffolk County Council (23 018 465)
Statement Upheld Special educational needs 08-Jul-2024
Summary: The Council failed to carry out an Education, Health and Care Needs assessment for Mr X’s child, Y, within the statutory timeframes. This caused distress, frustration and uncertainty to the family. We are satisfied with the service improvements the Council is carrying out to resolve this issue. The Council will apologise and make a payment to recognise the personal injustice to Mr X and Y.
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London Borough of Brent (23 018 942)
Statement Upheld Homelessness 08-Jul-2024
Summary: The Council was at fault because it delayed accepting the prevention duty for a homelessness applicant, and because it delayed processing his request for a review of his banding on the housing register. Neither fault affected his substantive situation, and the Council has already offered an adequate remedy for the frustration it caused. However, the Council has agreed to take steps to remind its staff of the law around the prevention duty. The Council was not at fault for deciding the applicant was not in priority need, even though it later reversed this decision.
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Durham County Council (23 019 376)
Statement Not upheld Rights of way 08-Jul-2024
Summary: The Council was not at fault when it decided not to attend a public inquiry to decide whether a developer could ‘stop up’ a right of way.