Deconstructing Justice
by Thomas (AKA The Shadow Local Government Ombudsman)
The Magna Carta set out a number of limitations on the power of the state and the monarch over the individual, even though few of its provision remain in force in their original form it still has great symbolic significance. Unfortunately recent Governments have seen fit to erode many of those limitations.
Since they introduced Ombudsmen to this country some 40 years ago they have been surreptitiously increasing the power of the state whilst decreasing the right of individuals. Most people think that 1984, (George Orwell), was supposed to be a work of fiction but recent Governments appear to be using it as a blueprint.
Look at what's been happening with Local Government over the last few years. Local Government has been given more and more power enabling them to enforce their ideals within their administrative area with an iron fist.
Many examples have been in the press over the last few months. A couple fined for feeding the birds because 'big brother' local government decided it was litter. A senior citizen imprisoned because she dared to with hold her council tax because her local Council was failing to do their job. Just pick up a national newspaper and you will read numerous other similar accounts.
What all citizens now fear is that Local Government has been given the power to take punitive and draconian action for something that should and could have been resolved without recourse to the courts. It's absolutely ludicrous that an individual is given a criminal record because a letter addressed to him ended up in the wrong recycling bin. The idiot who found the letter in the wrong bin should have just put it in the right bin and made the individual aware of the situation. Obviously a future Ombudsman in the making.
Don't forget Local Government are supposed to do the bidding of local people and not the other way around. How incredulous that local government should see fit to use local taxes to employ people to punish the very people who pay their wages just because they put a letter in the wrong bin!.
Now consider the flip side, over the same period there has also been a large number of people have suffered significant injustice as a direct result of local government wrongdoing, Corruption, maladministration, intimidation, harassment and abuse of power is rampant in Local Government. Do those citizens have the power to take punitive and draconian action in order to stop local government behaving badly? No, they are forced by circumstances to use the unfair, unjust and biased Local Government Ombudsman .
A system that was introduced by the Government in 1974 that now ensures that the majority of complaints are buried at local level and are never exposed for what they are. A Local Government Ombudsman cannot even punish a Local Authority for doing wrong (Not that they want to). At best they will ask the Local Authority to remedy the injustice but even then Local Government is free to ignore them with impunity. The Ombudsman knows if they ask for a fair settlement the Authority is likely to ignore them. That's why they only ask for a few paltry pounds, it's cheaper for the Authority to settle than pay the few hundred pounds it would cost to publish an Ombudsman's report in a local newspaper!
Most people do not even realise that all Local Government Ombudsman are ex Local Authority Chief Executives. The very people who have used excessive and draconian powers to suppress dissent with their decisions in the past are now in a position to help their ex colleagues to bury Local Authority wronging.
Head they win and tails we lose. The kind of justice that George Orwell would have appreciated.
Look at the two example below and decide for yourself if the scales of justice are balanced!
Council V CitizenThe council have substantially more money than a member of the public to fund legal action. In addition, local residents help fund local councils so ironically a local resident would be helping to fund a council's legal action against themselves. Unless you are very rich (or very poor) the average member of the public could not afford to defend a legal case brought by a council. Rich people can afford justice and the very poor can obtain justice through legal aid. That leaves the majority of people without access to real justice. The only real option they have is to pay the fine. Here's an example of what to expect to expect if a Council's finds you guilty of carrying out the most trivial of wrongs. A man was fined £200 (and given a criminal record) because one of his letters ended up in the wrong recycling bin. Even though there was only circumstantial evidence. Just what kind of message does this send out to citizens? They will be penalised for the most trivial of mistakes. Draconian and punitive action will be taken by anyone who steps out of line. |
Citizen V CouncilThe council have substantially more money than a member of the public to defend a legal action. In addition, local residents help fund local councils so ironically a local resident would also be funding the council's defence costs. Unless you are very rich (or very poor) an average member of the public cannot take legal action against a Council. Rich people can afford justice and the very poor can obtain justice through legal aid. That leaves the majority of people without access to real justice. The only option they have is to submit a complaint to the Local Government Ombudsman. Here's an example of what to expect if a Council's wrongdoings leads to the death of one of your relatives. Not exactly a trivial matter. The ombudsman awarded £500 and the cost of a memorial to the family of a person who lost their life because of council maladministration. Just what kind of message does this send out to local authorities? They will not be penalised even if people die through their acts of maladministration. |
Clearly an unfair and unjust system.
The Government should give citizens access to proper justice or ensure that Local Authorities have to us the same Mickey Mouse justice system that citizens are forced to use. Why have Public Service Ombudsmen never lobbied Government to balance the scales of justice for the citizen? Or were they too busy over the last 34 years lobbying Government for a unified Public Service Ombudsman. Ironically one of the slogans invented for the new unified Public Service Ombudsman is Redress in the Round. As can be seen from the above examples it would appear that, for the citizen at least, Redress is Never Around.
Why not introduce a proper tribunal system that both Local Authorities and citizens have to use and abide by?
If you feel that your rights have been abused because the laws of this land are being changed in favour big brother why not join UK Rights
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