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OMBUDSMAN FINDINGS OF MALADMINISTRATION BUT NO INJUSTICE

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Brentwood DC (planning) ...
Brentwood DC (planning)

The council delayed unnecessarily for three weeks in registering an application for an agricultural determination. This was maladministration but it did not cause significant delay to the farmer in constructing his barn.

DISCONTINUATION REPORT (LOCAL SETTLEMENT)

Penwith DC (environmental health)

A man complained about noise nuisance from a nearby gun club which operated a clay pigeon shoot. The council issued a noise abatement notice, partly as a result of findings made by an independent expert commissioned by the complainant.

The man applied to the council for reimbursement of his legal and noise consultancy expenses. the council's decision to refuse was made on issues unrelated to the merits of the claim.

Upon reading the draft facts of the Ombudsman's report, the council agreed reimburse to 50% of the costs. The Ombudsman considered this a satisfactory remedy for the injustice caused by the maladministration, and discontinued his investigation.

FURTHER REPORTS

Breckland DC (planning)

There were shortcomings in the council's consideration of planning applications for development on a plot opposite the complainant's home.

it granted planning permission, on a site where development would not normally be permitted, on the basis of matters which were not material planning consideration (the applicant's personal circumstances).

The new development has obscured the complainant's view of open countryside. The council failed to take action to satisfy the Ombudsman.

Manchester City Council (housing management)

A man applied for a council tenancy prior to spending some time in prison. While he was in prison someone impersonated him and accepted an offer of a property.

However, this did not lead to injustice for the complainant as if he had informed the council that he was in prison his application would have been deleted.

When he left prison there was an unreasonable delay in registering his new application for housing, and an apparent failure to interview him, or properly scrutinise and clarify his application.

Houses which might have been offered to the complainant during this period were allocated to persons with power priority.

The man believed that if he had satisfactory accommodation he would be able to gain custody of his daughter. The council declined to fulfil the Ombudsman's recommended remedy for the injustice.

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