Elected Members of Flintshire County Council Agree Ombudsman’s Recommendations

Date of article: 28/05/2021

Daily News of: 02/06/2021

Country:  United Kingdom - Wales

Author: Public Services Ombudsman for Wales

Article language: en

A full Council Meeting was held at Flintshire County Council on 25 May 2021 to consider the recommendations made in a previous public interest report issued by the Ombudsman against the Council.

The public interest report found maladministration on the part of Flintshire County Council’s planning department as local planning authority (LPA), both in the grant of a s192 certificate and in the grant of a retrospective application, which caused injustice to the complainant.

The recommendations made in the Ombudsman’s report were challenged in a report by an Officer of Flintshire County Council.

During the full Council Meeting, members rejected the officer’s report and agreed the Ombudsman’s recommendations.

As a result, Flintshire County Council will be implementing the Ombudsman’s recommendations in full.

Commenting on the report, Public Services Ombudsman for Wales, Nick Bennett, said:

“I am glad that Flintshire County Council recognises the seriousness of the issues reported upon, which have had an enormous impact upon the quality of life of a resident of Flintshire.

I am grateful to members of the Council for agreeing to comply with my recommendations and for taking the decision contrary to the officer’s recommendation. I am pleased to see that my report was fully and objectively considered, and that justice will be upheld for the local constituent.”

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Police activities in the Black Lives Matter demonstration

Date of article: 27/05/2021

Daily News of: 02/06/2021

Country:  Finland

Author: Finnish Parliamentary Ombudsman

Article language: en

Parliamentary Ombudsman Petri Jääskeläinen finds it problematic from the perspective of the emphasised impartiality required of the police that two police officers whose task was to supervise the Black Lives Matter demonstration agreed to be photographed holding demonstration signs with the participants.   

The police`s actions to end the demonstration were not unduly delayed

At least 3,000 people took part in the demonstration held in June 2020, while the restrictions at that time would have allowed only 500 participants. Both the police and the organiser of the demonstration seem to have been taken by surprise when many times more people arrived than was expected. According to the Parliamentary Ombudsman, the police's actions to put an end to the demonstration were not delayed in a manner that would have given him cause for criticism.   

Demonstration supervisors must remain in their impartial role
 
According to the Parliamentary Ombudsman, a police officer supervising demonstration should not take a stand in favour or against that demonstration, but should remain neutral. In this case, too, the uniformed policemen were not only safeguarding the exercise of the freedom of assembly, but also supervising that the organiser fulfilled its obligations under the law.  

The Ombudsman emphasised that it is not a question of what the subject of the demonstration was and how it might be generally considered worth supporting. Although it is the duty of the police to combat racism, this did not entitle police officers to deviate from the role of an impartial supervisor. The police must act in such a way that its actions look impartial also from the point of view of an external observer. 

Due to the nature of its tasks, the police is required to be impartial in an emphasised manner. It is therefore important that the police carefully ensure that there is no basis for suspicions of bias. 

Parliamentary Ombudsman Petri Jääskeläinen's decision no 4428/2020 has been published (in Finnish) on the Parliamentary Ombudsman's website at www.oikeusasiamies.fi. 

For more information on the matter, please contact Principal Legal Adviser Juha Haapamäki, tel. +358 9 432 3334.

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News from the Ombudsman - late Spring 2021

Date of article: 02/06/2021

Daily News of: 02/06/2021

Country:  United Kingdom - England

Author: Local Government Ombudsmen for England

Article language: en

News from the Ombudsman - late Spring 2021

Welcome...

Welcome to the latest edition of News from the Ombudsman. 

In this edition you can read about our vision for the future, some of the complaints we are receiving about COVID-19, and about how we use what we learn from your complaints to improve services - through our recommendations, training courses and submissions to government.

We hope you enjoy reading our newsletter. If you'd like to hear more about the work we do, why not follow us on Twitter or LinkedIn?


Our Three-Year Plan

Contract agreement

Last month we published our new Three-Year Plan. This sets out what we want to achieve over the next three years - our 'vision of the future'.

The Plan is split into four commitments. These will define our work over the period while ensuring we remain focused on our primary aims of remedying injustice and helping to improve local services:

  • Being a high achieving organisation
  • Being a great place to work
  • Being bold and innovative to maximise our impact
  • Being accessible to all

Michael King, Local Government and Social Care Ombudsman, said:

"The Plan is both ambitious and optimistic, while also being grounded, realistic, and achievable. Most importantly, it is firmly rooted in our core work of investigating complaints. Our Plan is as much about achieving the best we can in our everyday work and sharing the learning from complaint cases, as it is about developing new ideas."

 

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COVID-19 complaints

Information sharing

We are starting to see a steady influx of cases where COVID-19 has been a factor in the complaint.

Looking at all the cases so far, Benefits and Tax make up the largest percentage, with 45% of cases decided so far being about this. This month we published a report about problems we found in the way one council administered its discretionary business grant scheme last year.

We were asked to investigate the district council's handling of its scheme by two separate businessmen. We found a lack of transparency with the way it recorded how it decided the level of grants businesses would receive, and also found a lack of record keeping explaining the council’s individual decisions and inconsistent decision making. 

Read about the case here


Accountability in action

Council Chamber

Sometimes we are asked whether our recommendations to put things right should be legally binding. Councils not complying is extremely rare (we have more than 99% compliance), but ultimately our recommendations also pay respect to local democracy and the decisions of councils.

Here’s an interesting example of this happening in practice, in Cornwall, for the benefit of local people. We had published a Public Interest Report about the council incorrectly assessing a man’s financial ability to pay for his care. Because we uncovered a procedural error, we recommended the council review other cases to ensure nobody else was also unfairly treated.

When that report was considered at the council’s standards committee, rather than agreeing to officers’ proposals to refuse our recommendation, local councillors insisted officers commit to writing to people potentially affected and reviewing a dip sample of cases. This is a great example of democratic accountability in action, showing how elected representatives can influence how services are provided locally, by using the learning from our casework.

See more on scrutiny support for councillors


How your complaints help to inform government policy

Data analyst

We take the learning from the complaints we receive and use that information to inform government consultations.

Using what we have learned, we submitted a response to the Department for Education's consultation on Changes to the School Admission Code. 

Our response to this consultation focused on the complaints we get around in-year admissions and fair access protocols.

The government has published its response to the consultation and is now moving forward with many of the proposals in the original consultation. We will continue to work with the department to offer input where needed.

Read our submission


LGSCO training update

Training team wordcloud

We use what we learn from complaints in our training programme, to help councils and care providers improve their complaint handling.

Last year we were forced to suspend in person delivery of our training programme due to COVID-19. We re-designed the course for online delivery and started online workshops in October 2020. Despite only delivering courses for half of the year we delivered 79 online courses in six months. Our online training has received universally positive feedback, with 80% of delegates saying it improved their practice and directly contributed to their work; with the remaining 20% saying it confirmed existing good practice.

Moving to online delivery has made it possible for us to deliver more courses per month than in person and easier for councils and care providers to attend the training programme.

Read about our online training


Our telephone lines

Over the course of the COVID-19 pandemic, we had to alter the way we worked, including reducing the number of hours our helpline was open.

We are now back to our normal operating hours of 10am to 4pm Monday to Friday for our helpline. However, we still urge anyone wanting to make a complaint, to use our online complaints form. By doing so, this helps us to keep our telephone helpline for people who need general advice or cannot use the complaint form.


Council changes - Northamptonshire

On 1 April 2021 councils in Northamptonshire formed two new unitary authorities - North and West Northamptonshire Council.

If you are looking to complain about the actions of one of the old councils from before 1 April 2021, you will need to select the relevant new council on our complaint form.


News you may have missed


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Polizeikontrollen in Europa: Jeder Mensch hat das Recht auf Gleichbehandlung

Date of article: 25/05/2021

Daily News of: 02/06/2021

Country:  EUROPE

Author: European Union Agency for Fundamental Rights

Article language: de

Polizeikontrollen in Europa: Jeder Mensch hat das Recht auf Gleichbehandlung
Deutsch
25/05/2021
Ein neues Papier der Agentur der Europäischen Union für Grundrechte (FRA) zeigt die unterschiedlichen Erfahrungen mit Polizeikontrollen auf. Aus dem Papier geht hervor, dass Schwarze, Asiaten und Roma nach wie vor eher von der Polizei angehalten und durchsucht werden, was ihr Vertrauen in die Polizeiarbeit beeinträchtigt. Mit Daten und Leitlinien wird die FRA die EU-Staaten weiterhin dabei unterstützen, die Grundrechte der Menschen bei der Polizeiarbeit zu achten.
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