| Publishing organisation: | Local Government Ombudsman |
| Topic: | Anti-social behaviour, Complaint handling |
| Determination: | Maladministration causing injustice |
| Tenure: | Home owner |
Organisation:
| Corby BC |
| Country of relevance: | England |
| Report link: | Click here to view this document |
Corby Borough Council failed to fulfil a previously-agreed settlement to a complaint. The Ombudsman says “… the Council has fallen far short of some basic standards of good administrative practice in its handling of the matters I have investigated. It is my duty to see that this is addressed. While I welcome its statement that it will try to improve its internal communications as a result of this complaint, I am not yet persuaded that the Council is committed to learning lessons from complaints given the tone of its responses …”
Mrs Ashmead (not her real name for legal reasons) complained about the Council’s actions following an unreported investigation discontinued by the LGO in March 2008. She complained that the Council failed to apologise as part of the agreed settlement to that investigation; broke a promise that it would reinvestigate her contention that she has a “right of prescription” to cross Council-owned land; and failed to respond to complaints she made about its handling of a dispute she had with her neighbour in September 2007.
The Ombudsman criticises the Council’s failure to provide the previously-promised apology to Mrs Ashmead as well as its failure to respond to correspondence and complaints, and for citing reasons for its failure that are not credible. He also criticises the Council for sending Mrs Ashmead a letter saying that she was causing her neighbour a nuisance – that was not factually based.
The Ombudsman considers that the combination of failings in this case and the Council’s dismissive approach to his investigation, justify issuing a report in the public interest.
Determination
He finds maladministration causing injustice and recommends that the Council should:
- apologise to Mrs Ashmead, both in respect of the investigation discontinued in March 2008 and for the failings identified by this subsequent investigation;
- pay Mrs Ashmead £1,000 compensation for the injustice she has been caused;
- take further independent legal advice on Mrs Ashmead’s claim that she has a right of access to cross Council land and share that with her; and
- share with the LGO’s office the outcome of the review of its internal communications that it has indicated it is carrying out in the wake of this investigation.