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THE OMBUDSMAN
The
Local Government Ombudsman investigates complaints against public bodies and
local authorities on behalf of people who believe they have been treated
unfairly as a result of MALADMINISTRATION.
They
are independent and impartial body and do not charge for their services.
Maladministration
may occur for any number of reasons. Perhaps the Council have taken too long to
deal with a matter without good reason resulting in hardship or difficulty,
does not properly follow is own rules and guidelines or is considered to be
acting corruptly or fraudulently, or provides you with incorrect information.
The
Ombudsman investigates the circumstances surrounding HOW the Council has
conducted itself. He is not there to arbitrate on a decision of the Council, or
overturn their decision because you may disagree with it. Failing to declare an
interest as a member of a planning committee, when voting on a planning
application, which has a direct or indirect benefit for that member may be one
example of a potential case for the Ombudsman to consider.
Before
making a complaint to the Ombudsman you must allow the Council an opportunity
to deal with the complaint. The head of department or the Chief Executive
should be contacted, or you can ask a councillor to look into the matter.
If
the Council's response is unsatisfactory (or there is no response) then you can
make your complaint to the Ombudsman for your area directly, or ask a
councillor to do this for you. Your citizen's advice bureau will also be able
to provide assistance.
Complaints
should be made in writing setting out the circumstances of the complaint and
any relevant details. The letter or complaint form must be signed personally by
the complainant.
There
are some matters the Ombudsman cannot deal with. The main issues are:-
Matters that you
knew about over 12 months before you lodged the complaint, unless it is
considered reasonable to accept the complaint in the circumstances of the case.
Matters that have already been to court
or an appeal. If this is still an option the Ombudsman may require you to take
that option and will not investigate.
General complaints affecting people
other than yourself.
Council contracts, court proceedings or
personnel matters.
Following
receipt of a complaint an Investigator will be allocated to determine whether
there is a case to answer and, if so, to advise you of the proceedings and keep
you informed of progress. Some investigations will be resolved quickly, others
may take some time.
The
Council will be sent a copy of the complaint and will be asked for a response.
Their answer may be sufficient to resolve the issue. In other cases a formal
report may be prepared and this will be sent to you. This will state whether
the Ombudsman considers that maladministration has occurred and the extent to
which he considers you have suffered as a result.
In
circumstances where the Ombudsman considers you have suffered as a result of
the Councils' actions he will recommend a course of action by the Council to
rectify the matter. The Council must inform the Ombudsman of their intended
actions in the light of his report. This may involve the payment of
compensation, or the carrying out of remedial actions, or both.
Although Councils' generally abide by the Ombudsman's'
findings, the Ombudsman cannot force a Council to take the action he recommends
if they chose not to.
THERE
ARE THREE LOCAL OMBUDSMEN FOR
London
boroughs north of the river Thames (including Richmond but not Harrow or Tower
Hamlets), Essex, Kent, East Sussex, West Sussex, Surrey, Berkshire,
Buckinghamshire, Hertfordshire, Suffolk and Coventry City