Annex 3

LGSCO Ref

Service Area

Directorate

Summary of Final Decision

Actions

Date of Final Decision

Actions Complete

Actions completed in time  Y/N

Decision

19017252

Highways

EAP

The Ombudsman will not investigate Mr R’s complaint about falling over on an uneven pavement. This is because it would be reasonable to expect Mr R to pursue his claim for compensation through the courts.

Case closed

21/02/2020

N/A

N/A

Closed after initial enquiries - Outside of jurisdiction.

19020241

Planning and Environment

EAP

The Ombudsman will not investigate Mr X’s complaint about the Council’s handling of his application to discharge planning conditions. This is because it would have been reasonable for Mr X to appeal.

Case closed

09/04/2020

n/a

N/A

Closed after initial enquiries - No further action

19019280

Finance

CCS

The Ombudsman will not investigate Mrs X’s complaint that the Council failed to properly consider the law and guidance when deciding Mrs X deliberately deprived herself of capital to avoid care charges. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

Case closed

31/03/2020

N/A

N/A

Closed after initial enquiries - No further action

19019915

Children's safeguarding

CSS

The Ombudsman will not investigate Ms B’s complaint about a referral that was made by her daughter’s school to the Council. This is because the Information Commissioner’s Office is the body better placed to consider her complaints.

Case closed

27/03/2020

N/A

N/A

Closed after initial enquiries - outside of jurisdiction.

19019856

Council Tax

CCS

The Ombudsman will not investigate this complaint about costs for council tax arrears. This is because there is insufficient evidence of fault by the Council and because the costs have been confirmed in court.

Case closed

06/04/2020

NA

NA

Closed after initial enquiries - No further action

19019078

Council Tax

CCS

The Ombudsman will not investigate Mrs X’s complaint the Council would not apply a single person discount to her property. This is because it would be reasonable for Mrs X to use her appeal right to the Valuation Tribunal.

Case closed

14/05/2020

NA

N/A

Closed after initial enquiries - No further action

201908506

Housing Repairs

HHASC

The complaint is regarding the landlord’s handling of: Repairs required to the property. Issues with the electrics and the resident’s request for compensation for loss and damage of personal
items due to the electrical issues.

The following orders: The landlord should pay the resident £75 within the next 4 weeks, in respect of its handling of the repairs due to its poor record keeping on the issues. The landlord should arrange an inspection of the resident’s kitchen to assess the situation with the cooker and decide the appropriate action to undertake
regarding the placement of the cooker, if it finds that further action is required. The landlord should arrange an inspection of the resident’s bathroom to ascertain whether the bath panel has been replaced and undertake the replacement if this remains outstanding.

14/05/2020

ongoing

ongoing

Upheld: Malad & Injustice

19016125

EAP

Highways

Mr X complains the Council incorrectly claims to have adopted a private road, including an area of his private property. He wants the Council to remove the road from its list of streets and for the Ombudsman to require the Council to adhere to highway legislation. The Ombudsman has discontinued this investigation because the

NA

30/06/2020

NA

NA

Not upheld: No further action

19019589

HHASC

Adult Social Care

Mrs C complains about the way in which the Council managed her son’s transition from children’s social care services into adult social care services. Mrs C says the Council’s fault left her son without any support between January and July 2019. The Ombudsman found fault with regards to the Council’s actions. The
Council has agreed to pay Mr X for the temporary loss of his support services and pay him and his mother for the distress this caused them.

Issue £600 x3.  Share learning with teams

29/09/2020

Y

Y

Upheld: Malad & Injustice

19001392

EAP

Planning

The Council did not respond clearly regarding Mr X’s report about noise from a nearby development. The Ombudsman does not find that this caused injustice to Mr X.

NA

31/07/2020

NA

NA

Not Upheld: No injustice

19010325

HHASC

Adult Social Care

Ms X complains on behalf of her mother, Mrs Y about the Council’s decision not to award the 12 week property disregard. She also complains about the Council’s decision to place her in an independent living community which caused her health to deteriorate. The Ombudsman finds the Council acted without fault.

NA

18/08/2020

NA

NA

Not Upheld: No Injustice

19007749

HHASC

Finance

Mr X’s legal representative complained the Council, acting as Mr X’s Appointee, failed to safeguard Mr X’s finances. He says that Mr X’s care debts therefore increased. We found the Council appropriately considered Mr X’s situation when acting as his Appointee. It decided to prioritise clearing past debts and there is no evidence of fault in how it made this decision.

NA

10/09/2020

NA

NA

Not Upheld, no injustice

19003025

CCS

Legal & Governance

Mr X complained about interference by a councillor and the Chief Executive into a tender contract. While the Council started an investigation into the Chief Executive, it did not investigate the complaint against the councillor. The Council was at fault for not following its procedure for complaints about councillor conduct; it will apologise to Mr X.

Issue an apology within 1 month - due 17/8/2020

17/07/2020

17/08/2020

Y

Upheld: Malad  & Injustice

19001385

EAP

Planning

The Council failed to respond clearly to Mr X’s complaints that a developer breached planning conditions regarding waste collection at his home. The Council should remedy this by apologising and giving details how it has considered the report of a planning breach.

• Consider the matter and write to Mr X with an update on the action it may or may not decide to take, explaining its reasons.
• Apologise to Mr X for its failure to respond and to update him.  11/09/2020

14/09/2020

14/09/2020

Y

Upheld: Malda & injustice

20001590

EAP

Highways

 

NA

07/08/2020

NA

NA

closed after intial enquires out of juristication

19007394

HHASC

Safeguarding

There was a five week delay by the Council before a safeguarding complaint was forwarded to the correct Council. This did not affect the outcome of the safeguarding investigation, as this took a further 6 months and found no evidence of abuse or neglect. An apology and review of procedures to ensure this does not happen again remedies the injustice caused by the delay and lack of explanation at a distressing time.

* Apology * Review procedures

24/09/2020

06/11/2020

Y

Upheld: Malad & Injustice

20003536

EAP

Planning

Mr X complains the Council allowed alterations to a housing development to be dealt with as non-material amendments rather than requiring a full planning application. The Ombudsman will not investigate the complaint because it is unlikely we will find evidence of fault.

NA

05/10/2020

NA

NA

Closed after initial enquiries - No further action

20004543

CCS

Council Tax

Mr X complains that the Council unreasonably issued a large backdated council tax bill as a result of their own error. The Ombudsman will not investigate this complaint because he did not dispute the bill and the sum has been paid. Any remaining injustice does not warrant investigation.

NA

19/10/2020

NA

NA

Closed after initial enquiries - no further action

19012604

EAP

planning enforcement

Summary: Mr X complains about an unauthorised use of land near his home. While the Council agrees there has been a material change of use that breaches planning control, it decided not to take enforcement action. Enforcement action is discretionary, and the Ombudsman
found no fault in how the Council reached its decision not to act against the planning breach reported by Mr X.

NA

02/11/2020

NA

NA

Not Upheld: No injustice