Local Government Ombudsman (York office) guilty of maladministration?
The following statements have been extracted from a decision letter the LGO sent to the complainant. To read the LGO's decision letter in full click here.The opening statement
| You express various concerns about the decisions made by Mrs Hooper and Mr Corney on your complaint. I am writing to respond to those concerns and give you my decision on your complaint. My decision is final. I have summarised the main stages in our handling of your complaint - please note that I have not detailed every item of correspondence that has been exchanged. |
The LGO suggesting that she would find an authority guilty of maladministration if they failed to take account all relevant factors
| In deciding whether a public authority has acted
with maladministration in reaching a decision or in taking (or failing to take) an action, we look at
whether it has...taken account of all relevant factors and ignored anything that is
irrelevant; |
The LGO admitting that they have misplaced a letter from the complainant
| The next item of correspondence on the file is a letter from you to Mrs Hooper dated 27 December in which you refer to a letter you sent to her on 25 October. That letter is not on our file but must have been received because you also refer to an e-mail to you from Mrs Hooper on 7 November telling you that an Assistant Ombudsman would review your complaint. It is extremely rare for correspondence to be misplaced and I am sorry that this seems to have happened to your letter of 25 October. |
Please note the following:
At no time did the LGO ask the complainant for a copy of the letter before reaching their decision on the complaint.
This was no ordinary letter it would be better to described it as expert evidence.
An extract of the missing letter. To read the letter which the LGO should have taken into consideration before reaching a decision click here.
| I am a chartered engineer with 25 years experience in the water industry. Until I retired I was a member of the Chartered Institute of Water and Environment Managers. I am familiar with the surface water and foul water infrastructure in Cottingham and Hull, to which the Cottingham system is connected. I have lived on Middledyke Lane for 32 years. I have read all the relevant minutes of the CIDB, Haltemprice UDC and Beverley Borough Council. I have surveyed all the surface water infrastructure in Cottingham and the surrounding area. |
Conclusion: By their own definition the LGO is guilty of maladministration for failing to take into account relevant factors brought to her attention by an expert because they lost the letter and couldn't be bothered to ask for a replacement before reaching their decision.
If you can provide evidence against the Local Government Ombudsman please send it to Ombudsmanwatchers.org.uk and they will add it to these evidence archives.
