Recent statements in this category are shown below:
Statement Upheld Disabled children 08-Jan-2021
Summary: Mrs X complained the Council arranged respite care for her son, Y, which did not meet his assessed needs. She also complained the Council offered her insufficient direct payments and did not respond to her complaint about this in a timely manner. She said this caused her stress and had a negative effect on Y's social development. The Council was at fault when it delayed responding to Mrs X's complaint in line with statutory timescales. The Council should make a payment of £150 to acknowledge the stress, time and trouble she experienced because of this. The Council was not at fault in its management of Y's respite placement and direct payment funding.
Statement Upheld Disabled children 23-Dec-2020
Summary: Mr B complained to the Council about the service his brother received from children's services. The Council considered this complaint under the children's statutory complaint procedure. Mr B says there was fault with the Council's complaint investigation. He is unhappy with the behaviour of the Chair of the stage three panel and not being able to use a projector. He says the Council did not make adjustments for his learning difficulty. The Council was at fault for a short delay in its stage 3 complaint response, but we do not consider this to have caused Mr B or his family significant injustice.
Statement Not upheld Disabled children 18-Dec-2020
Summary: Mr F complains about the Council's decision to refuse his son a Blue Badge. He says the decision puts his son and others at risk of harm. We have found no fault.
Statement Upheld Disabled children 14-Dec-2020
Summary: Mrs X says the Council unfairly refused to complete adaptations to her home for her disabled daughter, D. She says this caused her and D an injustice as D's movements around their home are restricted by its current structure. There was some fault in the process the Council initially followed, for which it has apologised. This caused confusion and upset. But the Council has since proposed other reasonable adaptations to Mrs X's home. There has been some unnecessary delay in implementing some of the adaptations Mrs X has agreed to. This has caused some injustice as D's movement has been restricted. We have made some recommendations to acknowledge this and to help provide resolution. But the Council is not at fault in its approach in other respects.
Statement Not upheld Disabled children 20-Nov-2020
Summary: Mrs X complained the Council carried out an unfair and biased internal audit investigation into her administration of her children's direct payments without giving her the opportunity to present evidence in her defence. I have discontinued this investigation. The Council carried out its internal investigation with the intention of passing it to the police for it carry out a criminal investigation. Therefore, it is unlikely we would find fault for not initially involving Mrs X in its investigation. The police declined to carry out a criminal investigation and Mrs X already has the opportunity to present her evidence in defence of the Council's findings as part of an ongoing mediation process. It is unlikely that further investigation by the Ombudsman would lead to a different outcome
Statement Upheld Disabled children 15-Oct-2020
Summary: Ms X complained the Council failed to deliver the short breaks provision set out in her sons' Education Health and Care plans from September 2018, and failed to provide timely information about changes to that provision following a procurement exercise. She also complained about a lack of support for her sons in their transition to adult services. The Council was at fault for a delay in communicating in writing about the changes it was making to its short breaks service, a failure to deliver some of the provision Ms X's sons were entitled to in September 2018, a failure to start planning for their transition to adulthood early enough and significant delays in the complaints handling process. It should make a payment to remedy the injustice caused by the disruption to services and Ms X's time and trouble in pursuing the matter. It should also review its processes.
Statement Upheld Disabled children 06-Oct-2020
Summary: There was fault by the Council in its handling of a request for direct payments, as part of an Education, Health and Care plan. This caused an injustice, because it did not make clear to the complainant what it had agreed. It also did not offer the complainant a right to request a review of its decision, which is required by the statutory guidance. The Council has agreed to offer a financial remedy for the uncertainty and frustration this has caused, and also ensure it has a mechanism to review its decisions.
Statement Upheld Disabled children 02-Oct-2020
Summary: Mr and Mrs X complain about the level of support their son received from the Council in assessing his social care needs. The Ombudsman finds fault with the Council for the delay in sending her an amended child and family assessment and for delaying in re-assessing her son's needs after respite was cancelled. This meant Mr and Mrs X's son did not receive the respite he was likely entitled to. The Council has agreed to remedy the injustice caused.
Statement Upheld Disabled children 04-Sep-2020
Summary: Mr X complains of several failings by the Council in making SEN provision for his son, Z, causing loss of education and stress for the family. Some of the matters complained of are outside our jurisdiction, and the Council was not at fault in others, but it took too long to issue an Education Health and Care Plan for Z, and failed to consider Mr X's complaint under the correct statutory procedure, despite two elements of the complaint being social care matters. However, these faults did not cause the injustice the family suffered.
Statement Upheld Disabled children 02-Sep-2020
Summary: the Council was at fault in its handling of Ms D's complaint and it will apologise and make the recommended payment to recognise the injustice this caused. There is no fault in the Council's actions with regard to the rest of the complaint