Scottish Public Services Ombudsman

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  • Report number:
    200501996
  • Date:
    December 2006
  • Body:
    Perth and Kinross Council
  • Sector(s):

  • Keywords:
    Perth and Kinross Council 19 December 2006 200501996

Overview

A company complained about Perth and Kinross Council's handling of their application for a planning agreement and failings in the Council's complaints procedure.

Specific complaints and conclusions

The complaints which have been investigated are:

  • (a) delay in agreeing a draft Section 75 Agreement (not upheld); and
  • (b) failure to comply with their complaints procedure (upheld).

Redress and recommendation

The Ombudsman recommends that the Council issue the Company with the reply that they should have received in response to their step three complaint, which should explain and apologise for the failure to deal with it in accordance with their published complaints procedure.

The Council have accepted the recommendations and will act on them accordingly.

Download report number 200501996 as a PDF (55.4 KB)

  • Report number:
    W021313
  • Date:
    November 2006
  • Body:
    Perth and Kinross Council
  • Sector(s):

  • Keywords:
    Perth and Kinross Council 28 November 2006 W021313

Overview

The complainants claimed that, in refusing to fully fund the care of a family member, Perth and Kinross Council (the Council) were acting in contravention of the legislation on free personal and nursing care and guidance issued by the Scottish Executive.

Specific complaint and conclusion

The complaint which has been investigated is that no charge for care should have been made and that, in making such a charge, the Council contravened the statutory regulations on the provision of full personal and nursing care and failed to take account of guidance issued by the Scottish Executive (not upheld).

Redress and recommendation

The Ombudsman has no recommendations to make.

Download report number W021313 as a PDF (65.02 KB)

  • Report number:
    200503641
  • Date:
    November 2006
  • Body:
    Stirling Council
  • Sector(s):

  • Keywords:
    Stirling Council 28 November 2006 200503641

Overview

The complainant (Mrs C) considered she had to leave her former Council tenancy and sought advice from a housing officer.  She said she was advised that if she gave up the tenancy and moved in with her parents she would be re-housed within six months.  An offer of re-housing was not made and Mrs C complained to this office that she had been misled.

Specific complaints and conclusions

The complaints which have been investigated are that:

  • (a) Mrs C was misled into giving up her tenancy on the basis that she would be re-housed within six months (not upheld); and
  • (b) the Council supplied conflicting information which led her to believe that she had been overlooked for re-housing (not upheld).

Redress and recommendation

The Ombudsman has no recommendation to make.  However, she expresses the hope that, given Mrs C's difficult current housing circumstances, the Council continue to assist her toward being re-housed at an early date.

Download report number 200503641 as a PDF (36.46 KB)

  • Report number:
    200503036
  • Date:
    November 2006
  • Body:
    Fife Council
  • Sector(s):

  • Keywords:
    Fife Council 28 November 2006 200503036

Overview

The complainant (Mrs C) was concerned that her neighbour (Mr A) had erected a wall with gateposts and a gate on land which was intended as a two metre wide service strip and was aggrieved that  Fife Council (the Council) had not required the removal of the wall and gate.  She claimed the wall impeded access to refuse collection vehicles and presented a danger to pedestrians.

Specific complaint and conclusion

The complaint which has been investigated is that the Council failed to take appropriate action with regard to the wall built by her neighbour on the service verge (upheld).

Redress and recommendation

The Ombudsman recommends that her report be placed before the relevant committee of the Council for them to consider whether the complainant's neighbour should be invited to regularise the position with regard to building standards and apply for planning consent.

Download report number 200503036 as a PDF (38.44 KB)

  • Report number:
    200501454
  • Date:
    October 2006
  • Body:
    Forth Valley NHS Board
  • Sector(s):

  • Keywords:
    A Dentist Forth Valley NHS Board 31 October 2006 200501454

Overview

The complainant considered that his dentist's poor care and treatment caused some of his teeth to disintegrate and others to need extraction and that the dentist provided a poorly fitting denture.

Specific complaints and conclusions

The complaints which have been investigated are that:

  • (a)  the complainant's poor dental state had been caused by the dentist's actions (not upheld); and
  • (b)  the dentist provided a denture that fitted poorly (not upheld).

Redress and Recommendation

The Ombudsman has no recommendation to make.

Download report number 200501454 as a PDF (28.06 KB)

  • Report number:
    200500828
  • Date:
    October 2006
  • Body:
    Forth Valley NHS Board
  • Sector(s):

  • Keywords:
    Forth Valley NHS Board 31 October 2006 200500828

Overview

The complainant raised concerns about a consultant surgeon's decision not to perform the operation which he had intended to do and about staff attitudes.

Specific complaints and conclusions

The complaints which have been investigated are that:

  • (a)  a surgeon cancelled an operation without proper cause (not upheld);
  • (b)  a hospital nurse's attitude at admission and discharge was inappropriate (no finding);
  • (c)  the Board's two replies to the complaint were insulting and inadequate (not upheld);
  • (d)  the surgeon's lack of record keeping about his decision to cancel the operation was inappropriate (upheld); and
  • (e)  some of the hospital's communication procedures were inadequate (upheld).

Redress and recommendations

The Ombudsman recommends that:

  • (i)  the surgeon review his record keeping in line with General Medical Council guidance; and
  • (ii)  the Board improve communication to staff in the hospital's Admission and Discharge Lounge.

The Board have accepted the recommendations and have taken steps to action them.

Download report number 200500828 as a PDF (56.77 KB)

  • Report number:
    200500163
  • Date:
    October 2006
  • Body:
    Fife Council
  • Sector(s):

  • Keywords:
    Fife Council 31 October 2006 200500163

Overview

This complaint concerns dissatisfaction with the handling of a complaint about a decision to refuse an application for payment under the Discretionary Housing Payment scheme.

Specific complaints and conclusions

The complaints which have been investigated are that:

  • (a)  two steps of the investigation process were carried out by the same Council employee (not upheld);
  • (b)  the Council failed to provide Mr C with details of the changes in legislation that affected his  application (not upheld);
  • (c)  the Council failed to address Mr C's complaint that the Disability Living Allowance should not be taken into account in determining the application (upheld); and
  • (d)  the Council failed to provide Mr C with the correct information about their complaints procedure (upheld).

Redress and Recommendations

The Ombudsman recommends that Fife Council apologise personally to Mr C for the failings identified in this report.

Fife Council accepts the recommendations and will act on them accordingly.

Download report number 200500163 as a PDF (30.42 KB)

  • Report number:
    200401690
  • Date:
    October 2006
  • Body:
    Fife Council
  • Sector(s):

  • Keywords:
    Fife Council 31 October 2006 200401690

Overview

The complaint from Mr C arose from a dispute over whether a servitude right of access existed for a plot acquired over land purchased in 1986 by Fife Council's predecessor.  Notwithstanding that the dispute arose over a legal issue, there were shortcomings by Fife Council.

Specific complaints and conclusions

The complaints from Mr C that I have investigated are that:

  • (a)  Fife Council delayed unduly between 4 March 2002 and October 2003 in applying to the Keeper for a rectification of Mr C's title to the Plot (upheld); and
  • (b)  the Council failed to take the legal action as suggested by the Keeper to declare the servitude extinguished (not upheld).

Redress and recommendations

The Ombudsman recommends that the Council:

  • (i)  apologise to Mr C for the identified delay; and
  • (ii)  make a payment of £500 to him.

Download report number 200401690 as a PDF (52.75 KB)

  • Report number:
    200500642
  • Date:
    September 2006
  • Body:
    Stirling Council
  • Sector(s):

  • Keywords:
    Stirling Council 26 September 2006 200500642
A complaint was made on behalf of a number of council tenants that the Council had changed their housing allocation policy without proper consultation.

Download report number 200500642 as a PDF (41.01 KB)

  • Report number:
    200500551
  • Date:
    September 2006
  • Body:
    Perth and Kinross Council
  • Sector(s):

  • Keywords:
    Perth and Kinross Council 26 September 2006 200500551
The complainant raised a number of concerns about the way in which her housing allocation had been handled by the Council.

Download report number 200500551 as a PDF (40.8 KB)

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