Bury Metropolitan Borough Council (22 007 521)

Statement Upheld Parking and other penalties 02-Apr-2023

Summary: The Council was at fault for how it dealt with Mr B’s request for an extension to a dropped kerb at the front of his property. It did not keep proper records so we cannot see how it made its decision. It was also at fault for how it handled Mr B’s complaint. It has agreed to review its decision on the dropped kerb and to ensure its staff are trained in complaint-handling.

Bury Metropolitan Borough Council (22 000 877)

Statement Upheld Special educational needs 24-Apr-2023

Summary: The Council was at fault in failing to make most of the provision detailed in the complainant’s child’s Education Health and Care Plan since January 2020. It also failed to properly conduct reviews of the Plan during this period. These faults have caused injustice to the complainant and to her child. We have reconsidered how the Council should remedy the injustice, having taken into account the Council’s and the complainant’s additional comments. The Council has agreed the revised remedy for the injustice caused by its faults. We have therefore completed our investigation and are closing the complaint.

Bury Metropolitan Borough Council (22 008 174)

Statement Upheld Special educational needs 25-Apr-2023

Summary: The complainant alleged that the Council had delayed in issuing her son’s Education, Health and Care Plan, had failed to provide alternative education when he was out of school on medical grounds and failed to carry out an annual review properly. We find that the Council has been at fault causing the complainant and her son an injustice. We have recommended ways to remedy this, which the Council has accepted. We have therefore completed our investigation and are closing the complaint.

Bury Metropolitan Borough Council (23 001 229)

Statement Upheld Council tax 21-May-2023

Summary: We will not investigate this complaint about Council tax bills because the matter has been remedied.

Bury Metropolitan Borough Council (22 014 364)

Statement Upheld Safeguarding 06-Jun-2023

Summary: Mrs X complained that a care provider commissioned by the Council to support her adult daughter, Miss D, failed to properly investigate injuries to Miss D’s arms, prevented her from entering Miss D’s home pending the outcome of a safeguarding investigation in relation to another resident and disclosed information about the situation to a third party. We found the Council was at fault in that the care provider failed to keep Mrs X informed about Miss D’s injuries, delayed in collecting Miss D’s prescribed medication for the injuries and disclosed confidential information to a third party. In recognition of the injustice caused, the Council has agreed to apologise and make a symbolic payment.

Bury Metropolitan Borough Council (22 014 753)

Statement Upheld Special educational needs 06-Jun-2023

Summary: The Council was at fault because it did not promptly respond to the complainant’s attempts to contact it, to discuss her daughter’s educational placement. This fault has caused uncertainty about the position she may now be in. The Council has agreed to write a formal letter of apology for this, and offer a financial remedy both to the complainant and her daughter to reflect the uncertainty its fault has caused.

Bury Metropolitan Borough Council (22 015 586)

Statement Upheld Alternative provision 19-Jun-2023

Summary: Mrs X complained the Council failed to provide suitable alternate education for her child, Y, between March 2022 and May 2022 after Y became too unwell to attend school. The Council was at fault for failing to provide suitable alternative education to Y. The Council agreed to apologise to Mrs X and pay her £650 for the benefit of Y’s education.

Bury Metropolitan Borough Council (22 013 117)

Statement Upheld Alternative provision 11-Jul-2023

Summary: Miss X complained the Council delayed finalising her child, W’s, Education, Health and Care (EHC) plan. She also complained the Council failed to secure the support in W’s EHC plan and did not put suitable alternative provision in place. The Council was at fault for delay in finalising W’s EHC plan, failing to provide some of the provision in the plan, for delay in arranging alternative provision and for failing to properly monitor the arrangements to ensure they remained suitable. These faults caused Miss X avoidable frustration and distress and impacted on W’s education and development. To remedy their injustice, the Council will apologise to Miss X and pay her £4,700. To prevent the fault occurring again, the Council should also carry out staff training and review its monitoring arrangements for alternative provision and special educational provision.

Bury Metropolitan Borough Council (21 006 547)

Statement Upheld Domiciliary care 26-Jul-2023

Summary: Mr X complains about a Section 117 after care package provided by the Council. The Council is at fault as Mr X did not consistently receive his full package of care. There is also no evidence to show the Council sent the wellbeing and recovery plans to Mr X. These faults caused uncertainty to Mr X which the Council has agreed to remedy by apologising and making a payment of £300 to him. There is no evidence to show the Council coerced Mr X into accepting a care package or that it failed to consider a request to increase his care package and request for a personal budget.

Bury Metropolitan Borough Council (23 005 490)

Statement Upheld Disabled children 09-Aug-2023

Summary: Ms X complains the Council has failed to comply with a remedy from a previous upheld complaint and continues to not adhere to the statutory complaints process. The Ombudsman finds fault with the Council for failing to fully carry out an agreed remedy, and for failing to comply with the statutory complaints process. This has caused Ms X further delay and injustice in addressing the concerns and support for her child. The Council has agreed to make a payment in recognition of distress and delay, and either complete the stage two or start the process again.