Issue - meetings

The Constitution (Article 12.03(a)) requires the Monitoring Officer to report to Cabinet (or to Council for non-executive functions) if any decision or omission has given rise to maladministration. This report concerns actions that the Housing Ombudsman has determined were maladministration/service failings.

This report is also required under section 5A of the Local Government and Housing Act 1989 in view of the aforementioned decision in this matter by the Housing Ombudsman.

RESOLVED that Cabinet notes the Monitoring Officer’s report (A.8) and, in particular:-

(a)    the findings/orders/recommendations from the Housing Ombudsman in the two cases covered by this report, the compliance with those matters by the Council and the wider learning points set out; and

(b)    the incidental and related matters concerning the Council’s compliance with the Ombudsman’s Code, complaints performance and service improvement and the intention to report to the Audit Committee (on 26 September 2024) in relation to the Local Government and Social Care Ombudsman’s Annual Letter for 2023/24 in respect of complaints submitted to that Ombudsman Service.

Earlier on in the meeting, as detailed under Minute 42 above, Councillor Chapman BEM had declared an interest in this item insofar as she had had contact with the individual concerned in ‘Complaint 1’ (202302247). Councillor Chapman therefore withdrew from the meeting at this time.

Members were reminded that the Constitution (Article 12.03(a)) required the Monitoring Officer to report to Cabinet (or to Council for non-executive functions) if any decision or omission had given rise to maladministration.  This Monitoring Officer report (A.8) concerned actions that the Housing Ombudsman had determined were maladministration/service failings.  The report set out two findings by the Housing Ombudsman since the last meeting of Cabinet.

Cabinet was advised that this report was also required under section 5A of the Local Government and Housing Act 1989 in view of the aforementioned decision in this matter by the Housing Ombudsman.

It was reported that the Housing Ombudsman had recently determined two complaints received by it and had found that there had been maladministration in those two cases.  Summaries of the two cases were set out in the Monitoring Officer’s report.  Through this report, the Monitoring Officer was bringing the matters to the attention of the Cabinet as the matters concerned executive functions of the Council.  Cabinet was particularly requested to note the findings/orders/recommendations from the Housing Ombudsman, the compliance with those matters by the Council and the wider learning points set out. 

In addition, within the ‘Background’ section of the Monitoring Officer’s report there were other incidental and related matters concerning the Council’s compliance with the Ombudsman’s Code, complaints performance and service improvement and an intention to report to the Audit Committee (on 26 September 2024) in relation to the Local Government and Social Care Ombudsman’s Annual Letter for 2023/24 in respect of complaints submitted to that Ombudsman Service.

Having duly considered the information provided in the Monitoring Officer’s report and to comply with the Constitution:-

It was moved by Councillor Baker, seconded by Councillor M E Stephenson and:-

RESOLVED that Cabinet notes the Monitoring Officer’s report (A.8) and, in particular:-

(a)    the findings/orders/recommendations from the Housing Ombudsman in the two cases covered by this report, the compliance with those matters by the Council and the wider learning points set out; and

(b)    the incidental and related matters concerning the Council’s compliance with the Ombudsman’s Code, complaints performance and service improvement and the intention to report to the Audit Committee (on 26 September 2024) in relation to the Local Government and Social Care Ombudsman’s Annual Letter for 2023/24 in respect of complaints submitted to that Ombudsman Service.