To report the finding by the Local Government and Social Care Ombudsman on a complaint determined by them in respect of a non-executive matter.

Members were aware that the Constitution (Article 12.03(a)) required the Monitoring Officer to report to Council (or to Cabinet for executive functions) if any decision or omission had given rise to maladministration.  This Monitoring Officer report (A.8) concerned actions that the Local Government and Social Care Ombudsman had determined were maladministration/service failings.

This particular 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 Local Government and Social Care Ombudsman.

Council was informed that the matter related to a claimed failure by the Council to investigate concerns about a development neighbouring the complainant’s home; a failure to correctly apply permitted development guidance and building regulations; and about the Council’s complaint handling. The Ombudsman had found that the Council was not at fault for how it had considered and applied the permitted development guidance.  It had not questioned the merits of the Council’s decision in this regard. The Ombudsman had found the Council at fault for not making a clear decision on whether building regulations applied to the development and for not addressing concerns raised by the complainant in a timely way. This had caused avoidable injustice for the complainant. The Ombudsman had also found the Council at fault for its complaint handling. Recommendations to remedy the injustice caused had been submitted to the Council and accepted by it.

The recommendations from the Ombudsman in the case were:

Within four weeks of the final decision being issued, to:

a)    Provide a written apology to the complainant for the faults and injustice identified.

b)    Pay the complainant £400 in recognition of the injustice experienced.

It was reported that the Council had provided the requested apology and had taken the necessary step to pay the sum identified to the complainant.  Those steps had included the publication of the decision of the Chief Executive to authorise the payment concerned.  This had been published on 12 November 2024.

Members were advised that, since the time of the complaint, the Council had implemented revised procedures around complaint handling with a view to improving the consistency of compliance with the Council’s existing complaints procedure.  In addition, that complaints procedure was itself being revised to align with the expectations of the two Ombudsman Services (separately for Local Government & Social Care and for Housing) as set out in their parallel codes.

The Director of Planning and Communities had met with both the Building Control & Planning Enforcement teams and had shared the Ombudsman’s final decision and findings with them at their team meetings. The Director of Planning and Communities had set down a clear expectation of the timelines required for responses to complaints and enquiries and had stressed that ongoing matters should be closed in a clear and precise manner which would include a full explanation to the customer / complainant. Further training had been arranged and would cover improvements to customer service.

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

RESOLVED that this Monitoring Officer’s report (A.8) and, in particular, the findings/orders/recommendations from the Local Government and Social Care Ombudsman in the case covered by this report; the compliance with those matters by the Council; and the wider learning points set out; be formally received and noted.