The Commission for

1

• The Commission for
• Local Administration in England

2
Local Government Ombudsman

• established by 1974 Local Government Act
• came after Parliamentary Ombudsman
• controversial at the time and resisted by local
  government
• investigate complaints and improve public
  administration
• all principal Councils, National Parks
  Authorities others

3
Role of LGOs

• Provide such advice and guidance about good
  administrative practice as appears to be
  appropriate.
• Investigate a complaint made by or on behalf
  of a member of the public who claims to have
  sustained injustice in consequence of
  maladministration in connection with action
  takenin the exercise of an administrative
  functions
• Is at our discretion legislation says may so
  no one has the right to have a complaint
  investigated.

4
Role of LGOs

• We are more than a complaints handling
  organisation we are part of the balancing
  mechanism between the citizen and the state.

5
Maladministration

• No statutory definition
• The Crossman catalogue bias neglect delay
  incompetence ineptitude perversity turpitude
  arbitrariness inattention
• administration and maladministration in the
  context of the work of a local authority is
  concerned with the manner in which decisions are
  reached and the manner in which they are or are
  not implemented. Administration and
  maladministration have nothing to do with the
  nature, quality or reasonableness of the decision
  itself.
• Lord Donaldson, M R in R v Eastleigh 1989

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Injustice

• embraces not merely injury redressible in a
  court of law, but also the sense of outrage
  aroused by maladministration accordingly, the
  argument that because the outcome would have been
  the same in any event does not prevent a finding
  of injustice
• R v Parliamentary Commissioner ex parte Balchin
  1997

7
Context volume

• 2 in 3 people have contacted the Council in the
  last year
• 1 in 2 people have done so on multiple occasions
• 58 satisfied
• 29 dissatisfied (16 very)
• 1 in 10 say they have complained to the Council

8
Context public attitudes

• 15 say managers would put their careers above
  public interest
• 21 rate managers as waste public money

9
Context public attitudes

• 25 rate managers who run local council services
  as honest
• results for head teachers in schools
• 72
• senior police officers
• 48

10
Context public attitudes

• 11 rate managers who run local council services
  as likely to own up to mistakes
• 24 say will try to cover up mistakes

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Context volume

• 24 Planning Building Control
• 21 Housing
• 10 Transport Highways
• 8 Education
• 6 Benefits
• 6 Public Finance
• 4 Adult Care Services
• 4 Children Family Services
• 4 Antisocial Behaviour
• 4 Environmental Health
• 9 Other

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Context Volume

• 645,000 planning applications
• 200,000 housing re-lets
• Complaints to the LGOs represent a miniscule
  persentage of transactions between councils and
  citizens (0.75 planning)

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What happens to complaints to the Ombudsman?

• 40 fall at the first hurdle because not in
  jurisdiction or premature
• Of those that survive
• - 24 not investigated
• - 48 no or insufficient evidence of
  maladministration
• - 26 maladministration remedied by Council
  action (local settlement)
• - 1.1 formal report

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Premature Complaints

• 5123 complaints are premature and referred to
  councils
• 1845 (36) are resubmitted
• 394 are upheld
• 1 in 5 complaints referred to councils by the
  Ombudsmen result in some finding of fault

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Where do things go wrong?

• Complaints range from the hum-drum to the
  extremely serious.
• Most common criticisms that we make are
• unreasonable delay
• incorrect action / failure to take correct action
• failure to provide adequate information,
  explanation, or advice
• inadequate records
• failure to take relevant considerations into
  account when making a decision.
• Not very illuminating!

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Where do things go wrong?

• Failure to
• listen to what the complainant is trying to say
• respect the complainants point of view
• analyse into component parts and consider each
  one
• investigate (accepting the employees account)
• check policy, guidance, law.

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How to avoid LGO getting involved

• Find out what did happen (or at least compare
  different accounts to what can be established as
  fact).
• Compare that to what should have happened
  taking into account not only specific law,
  policy, procedure etc but also general
  legislation Human Rights, Disability Equality
  Duty Councils wider statements reasonable
  expectations how you would want a loved one to
  be treated.
• Respond in open, human and empathetic terms.
• Give a clear account of what has been
  considered, what you have decided, and why.
• If an apology is needed make it fulsome and
  sincere.