Local Government

  • Case ref:
    201005152
  • Date:
    November 2011
  • Body:
    The City of Edinburgh Council
  • Sector:
    Local Government
  • Outcome:
    No decision reached
  • Subject:
    Policy/administration

Summary
The complaint concerned the council's administration of a statutory notice placed on a building in the city.

This complaint is one of a number of cases that the SPSO has closed because of an ongoing external review. The council have committed to reconsidering this complaint if the complainant remains dissatisfied following the conclusion of the external review.

  • Case ref:
    201004185
  • Date:
    November 2011
  • Body:
    The City of Edinburgh Council
  • Sector:
    Local Government
  • Outcome:
    No decision reached
  • Subject:
    Statutory Notices

Summary
The complaint concerned the council's administration of statutory notices issued on a building in the city.

This complaint is one of a number of cases that the SPSO has closed because of an ongoing external review. The council have committed to reconsidering this complaint if the complainant remains dissatisfied following the conclusion of the external review.

  • Case ref:
    201003760
  • Date:
    November 2011
  • Body:
    The City of Edinburgh Council
  • Sector:
    Local Government
  • Outcome:
    Some upheld, recommendations
  • Subject:
    Building warrants: Certificates of Completion/habitation

Summary
Mr C complained about inaction by the council with regard to building warrants issued for his neighbour's property. His and his neighbour's property were formerly a single dwelling with a shared stairwell. Mr C's neighbour applied for a building warrant to renovate his property, including works within the old stairwell.

Mr C complained that the works were not completed in line with the building warrant or to the required fire and accoustic insulation standard. He considered that the warrant required his neighbour to divide the two properties by introducing a new ceiling at the level of Mr C's floor. The neighbour's failure to do so prevented Mr C from carrying out work for which he had obtained a building warrant.

Mr C complained that the council did not act when told about the lack of sub-division of the properties. He also felt they should have taken enforcement action against his neighbour as the work was not carried out in line with the building warrant.

We did not find that the original building warrant (or a subsequent amendment) required his neighbour to divide the properties. We were concerned, however, that the council did not take prompt action to address legitimate fire safety concerns raised by Mr C and made recommendations.

Recommendations
We recommended that the council:
• review their procedures for ensuring that fire safety risks are resolved in good time; and
• consider commencing enforcement action against the named property.

  • Case ref:
    201003500
  • Date:
    November 2011
  • Body:
    The City of Edinburgh Council
  • Sector:
    Local Government
  • Outcome:
    No decision reached
  • Subject:
    Statutory Notices

Summary
The complaint concerns the council's administration of a statutory notice issued on a building in the city.

This complaint is one of a number of cases that the SPSO has closed because of an ongoing external review. The council have committed to reconsidering this complaint if the complainant remains dissatisfied following the conclusion of the external review.

  • Case ref:
    201003484
  • Date:
    November 2011
  • Body:
    The City of Edinburgh Council
  • Sector:
    Local Government
  • Outcome:
    No decision reached
  • Subject:
    Statutory Notices

Summary
Mr C lives in a top floor tenement flat in a close which was the subject of three statutory notices. He was aggrieved that after scaffolding had been erected and the scope of the works had been extended, the council had failed to consult independent engineers. He also considered that conservation measures had not been taken in respect of chimneys, that best value had not been obtained, the front chimneys were damaged and that lack of adequate supervision had lead to an increase in costs.

This complaint is one of a number of cases that the SPSO has closed because of an ongoing external review. The council have committed to reconsidering this complaint if the complainant remains dissatisfied following the conclusion of the external review.

  • Case ref:
    201001983
  • Date:
    November 2011
  • Body:
    The City of Edinburgh Council
  • Sector:
    Local Government
  • Outcome:
    No decision reached
  • Subject:
    Statutory Notices

Summary
Ms C purchased a flat in a building in the city. Shortly thereafter, the council served a statutory notice on owners of the building requiring rectification of specified matters of disrepair. Ms C complained that she had not been notified and had lost the opportunity as a joint owner to organise the works herself at less expense.

This complaint is one of a number of cases that the SPSO has closed because of an ongoing external review. The council have committed to reconsidering this complaint if the complainant remains dissatisfied following the conclusion of the external review.

  • Case ref:
    200903212
  • Date:
    November 2011
  • Body:
    The City of Edinburgh Council
  • Sector:
    Local Government
  • Outcome:
    No decision reached
  • Subject:
    Statutory Notices

Summary
The complaint concerned the council's administration of statutory notices issued on a building in the city.

This complaint is one of a number of cases that the SPSO has closed because of an ongoing external review. The council have committed to reconsidering this complaint if the complainant remains dissatisfied following the conclusion of the external review.

  • Case ref:
    201003934
  • Date:
    November 2011
  • Body:
    South Ayrshire Council
  • Sector:
    Local Government
  • Outcome:
    Not upheld, no recommendations
  • Subject:
    Handling of application (complaints by opponents)

Summary
A supermarket chain applied for planning permission to build a new store opposite Mrs C's home. Mrs C complained that the road outside her property is dangerous and that planning permission was granted without proper consideration of the danger to local residents entering and exiting their driveways. She complained that amendments to the layout of the junction for the new supermarket were not made known to local residents and that the council failed to carry out appropriate and independent assessments of the safety of the road.

We found that the amendments to the plans for the junction were non-material variations to the original plans and, as such, did not require neighbour notification. The developers carried out Roads Safety Audits and we considered these to have been appropriate within the context of the planning process. We did not consider there to be an obligation on the council to carry out further assessments and did not uphold the complaint.

  • Case ref:
    201003739
  • Date:
    November 2011
  • Body:
    Renfrewshire Council
  • Sector:
    Local Government
  • Outcome:
    Not upheld, no recommendations
  • Subject:
    School Transport

Summary
Mr C complained about the council's appeal procedure for provision of school transport. He complained that the council failed to consider the information he provided in his appeal on behalf of his children in a fair and competent manner; that the council's appeal process was not 'open, fair and transparent;' and that in providing information on the process, the council misled Mr C over his right of appeal against the process and decision.

Our investigation found that the council had considered Mr C's appeal in line with their agreed process. There was no evidence that the council had not assessed the walking route in accordance with requirements and guidelines and we found that the council had advised Mr C of the outcome of his appeal within the agreed timescale.
 

  • Case ref:
    201002551
  • Date:
    November 2011
  • Body:
    Fife Council
  • Sector:
    Local Government
  • Outcome:
    Some upheld, recommendations
  • Subject:
    Applications, allocations, transfers and exchanges

Summary
Ms C complained about a number of issues relating to the council's handling of her housing situation between 2007 and 2009. In particular, Ms C was unhappy with the assistance offered by the council during her stay in a private rented flat. Her landlord failed to carry out required repairs and Ms C was unhappy with the council's handling of the situation and their subsequent handling of her emergency housing situation after she was forced to move from the property when it became uninhabitable. Our investigation found that the council took reasonable action in relation to the outstanding repairs and followed their procedures in the handling of Ms C’s housing situation after she was made homeless.

However, we found that the council failed to bring Ms C’s house up to an acceptable standard for let after carrying out essential works and that they could have offered more assistance when she moved to a permanent council house. The council accepted this and offered compensation, although Ms C remained dissatisfied with the amount awarded.

Recommendation
We recommended that the council:
• ensure tenants are advised to contact the Private Rented Housing Panel at the earliest appropriate point.