2022 01 21 Ombudsmen Decisions – Annex 2

Omb Ref	Directorate	Service Area	Date of Final Decision	Outcome	Summary of Final Decision	Actions	Date Actions Complete
20 014 180	People	Adults	17/11/2021	upheld maladministration and injustice	The Council accepted it was at fault for not reviewing Mr Y’s care and support plan earlier given that his support services stopped due to the COVID-19 pandemic. It will apologise, refund the contributions Mr Y paid to the cost of his care in that period and waive the invoices that remain outstanding. It will also pay Mr X £200 for his time and trouble pursuing the matter on Mr X’s behalf.	By 17th Dec: 1. apologise for failure to review care and support plan earlier and for any distress caused. 2. Refund the assessed contributions Mr Y paid in March, April and May 2020 (totalling £280.34). 3. Waive the outstanding invoices for the assessed contribution for the period June 2020 to March 2021 (totalling £1033.43). 4. Pay Mr X £200 for his time and trouble pursuing the matter.	actions completed and evidence sent to LGO
21 001 925	Place	Planning & Development	17/11/2021	upheld maladministration no injustice	Mr X complains the Council failed to consult him regarding changes to his neighbour’s plans for an extension which will overshadow his home. There was fault by the Council, but this did not cause injustice to Mr X.	N/A
21 004 166	Place	***	22/11/2021	Closed after initial enquiries - out of jurisdiction	We shall not investigate **** complaint details removed as the Ombudsman concluded information should not be published because the contents risk identifying people involved	N/A
21 005 049	Place	parks & open spaces	08/11/2021	Upheld: No further action, satisfactory remedy provided by the organisation.	We will not investigate this complaint about the removal of trees from a local park. This is because the Council has already offered a proportionate remedy and there is not enough significant injustice remaining to justify our investigation.	N/A
21 009 200	People	Adults	22/01/2021	Closed after initial enquiries – no further action.	We will not investigate Mrs B’s complaint about the Council’s safeguarding investigation into her concerns about her daughter, Ms C, being bullied. This is because there is not enough evidence of fault with the actions taken by the Council to warrant an Ombudsman investigation. It would be reasonable for Mrs B to ask the Information Commissioner’s Office (ICO) to consider her complaint about the Council sharing data she believes it should not have shared.	N/A
21 010 784	Customer & Communities	Council Tax	24/11/2021	Closed after initial enquiries - no further action.	We will not investigate Mr X’s complaint that the Council refused to grant a council tax reduction on a property he owns which was empty due to the Covid-19 restrictions. We cannot lawfully question council tax policy or achieve the outcome Mr X wants.	N/A
21 006 314	People	Adults	24/11/2021	Closed after initial enquiries – out of jurisdiction.	We will not investigate Mrs B’s late complaint about the care provided to her father, Mr C. This is because we are satisfied with the actions taken by the Council. There is no good reason to exercise discretion in this case.	N/A
21 001 476	Place	Waste	25/11/2021	Upheld: maladministration and injustice.	The Council failed to collect Mr B’s bulky waste. An apology and payment to Mr B is satisfactory remedy.	Within one month of my decision the Council should pay Mr B £100.	30/11/21 apology provided with confirmation payment will follow 21/12/21 Omb has been updated
19012723	Place	Transport	30/11/2021	Upheld: maladministration and injustice.	Mr C says the Council is at fault for its failure to progress an application to stop up a section of verge on a road which borders his property. He says the Council agreed to progress the application and stopped without good reason. He says this caused him injustice because he incurred expense by arranging surveys and entering into agreements with utility companies. He says the process has also caused him distress and taken a lot of his time. The Council was at fault for administrative errors and a failure to explain its decision making process. It should write to Mr C explaining its reasoning and pay him a sum in recognition of his distress, time and trouble.	Within 2 weeks pay Mr C £500 and within 2 months write to Mr C to explain the rationale behind the decision to withdraw the application by explaining the merits of each of the objections.	14/12/21 apology made and payment arranged
21011910	Customer & Communities	Council Tax	14/12/2021	Closed after initial enquiries – out of jurisdiction.	Mr X complains about the Council’s enforcement of a council tax debt whilst he was appealing against their decision. We will not investigate this complaint because there is no evidence of fault by the Council and he has appealed to a Valuation Tribunal.	N/A
21 011 561	Place	parking	09/12/2021	Closed after initial enquiries – out of jurisdiction.	We will not investigate this complaint about a Penalty Charge Notice. This is because it is reasonable to expect Miss Y to use her right of appeal to challenge the Penalty Charge Notice.	N/A
21 000 172	People	Adults	15/12/2021	Upheld: maladministration and injustice.	Mr K complained about the Council’s handling of his father’s care funding. He said it took the Council four months to tell him the outcome of the care assessment. As a result, he said he experienced financial loss as the Council asked him to pay the care charges. He also said this caused him and his father distress. We found the Council at fault for failing to carry out its responsibilities under the Government’s COVID-19 Hospital Discharge Guidance. It has agreed to pay Mr K the difference in his father’s care home costs and apologise for the distress it caused Mr K and his father.	By the 14th January 2022 Apologise in writing to Mr K to acknowledge the distress he and Mr X experienced as a result of the Council’s faults; 2. Pay £9625.33 to Mr K, or directly to the Care Provider. This is the amount equal to the difference in cost between the care homes for the period in which the Council failed to discharge its responsibilities under the Government’s Guidance.