Local Government

Overview

The complaint concerned the development of a site close to an aggrieved person's home and the complainant, on his behalf, alleged that the Council provided incorrect and untimely advice with regard to planning applications and, generally handled the matter with impropriety.  As a result, an opportunity to object was denied and significant monies had been spent in trying to resolve the situation.

Specific complaints and conclusions

The complaints which have been investigated are that:

• (a) the Council failed to exert due care and attention when considering an application for outline planning permission (not upheld);
• (b) the Council failed to give proper advice on potential remedies (not upheld);
• (c) the Council failed properly to consider revoking the outline permission granted (not upheld);
• (d) the application for reserved matters was handled with impropriety (not upheld); and
• (e) the Council failed to follow their complaints procedure when dealing with the complainant's representations (not upheld).

Redress and Recommendation

The Ombudsman has no recommendations to make to the Council.

Overview

The complainant (Mrs C) raised a number of concerns:  that her grandfather's (Mr A) flat was in an unfit condition; that he was being denied access to communal ground; and that her complaints on this matter had not been dealt with appropriately.

Specific complaints and conclusions

The complaints which have been investigated are that:

• (a) Mr A's house was not maintained adequately (not upheld);
• (b) Mr A was denied access to communal ground (not upheld); and
• (c) Mrs C's complaints were not handled appropriately (partially upheld).

Redress and recommendation

The Ombudsman recommends that the Council emphasise, in guidance issued to Council staff, that complainants should be reminded of their rights to take their complaint further in any formal response from East Dunbartonshire Council.

The Council have accepted the recommendations and will act on them accordingly.

Overview

The complainant (Mr C) complained that North Lanarkshire Council (the Council) acted unreasonably in that they agreed to sell him a piece of land and then subsequently withdrew it from sale.  Mr C also complained about the way the Council dealt with his complaint.

Specific complaints and conclusions

The complaints which have been investigated are that:

• (a) the Council agreed to sell a piece of land to Mr C but subsequently refused to do so (not upheld); and
• (b) the Council acted unreasonably when Mr C complained (not upheld).

Redress and Recommendation

The Ombudsman has no recommendations to make.

Overview

The complainant (Mr C) raised a number of issues with East Dunbartonshire Council (the Council) concerning the Council's handling of three planning applications submitted for the erection of residential units on a site close to his property.

Specific complaint and conclusion

The complaint which has been investigated is that the Council, in their handling of the planning applications, have breached planning procedures and misled the public (see Annex 2) (not upheld).

Redress and recommendation

The Ombudsman has no recommendation to make.

The complainant raised a number of complaints regarding a development near his home. His complaint was that the development was breaching terms of the planning permission granted by the Council as well as other issues regarding the development.

Overview

The complainant accepted that he signed for the tenancy of a flat but said he did not take up occupancy.  He was aggrieved six and a half years later when Inverclyde Council (the Council) informed him that there was outstanding council tax owed by him on the property and arrears of rent.  The investigation did not uncover maladministration or service failure by the Council.

Specific complaints and conclusions

The complaints from Mr C that I investigated are that:

• (a)  the Council failed properly to investigate Mr C's contention that he had terminated his acceptance of the tenancy before moving in (not upheld);
• (b)  the Council wrongly pursued Mr C in late 2005 for outstanding council tax and rent arrears dating back to 1999/2000 (not upheld); and
• (c)  the Council took action to arrest his bank account when he understood them to be still investigating matters (not upheld).

Redress and recommendation

The Ombudsman has no recommendation to make.

Overview

The complainant (Mrs C) was banned indefinitely from attending a swimming pool run by South Ayrshire Council (the Council) following an incident with a swimming instructress on 9 December 2004.  Her husband, Mr C, pursued a complaint to the Council on her behalf, the outcome of which was delayed by action taken by the Instructress.  After giving written assurances, Mrs C's ban was lifted in June 2005.

Specific complaints and conclusions

The complaints from Mrs C that I have investigated are that:

(a)  the Council failed to address and properly investigate the complaint made on Mrs C's behalf against the Instructress (not upheld);

(b)  the decision to ban Mrs C from the Pool was precipitate and was taken without hearing her account (partially upheld); and

(c)  after being informed of the Procurator Fiscal's decision in relation to a report by the instructress, the Council did not re-examine conflicting accounts of members of staff relating to the incident (not upheld).

Redress and recommendation

The Ombudsman recommended that a suitably worded apology be issued in respect of the initial letter sent to Mr C and this was done before this report was published.  The Ombudsman also recommended that steps should be taken to avoid a repetition.

Overview

The complainant is the Chairman of the Tenants' and Residents' Association of a multi-storey building and made his complaint on their behalf.  They were unhappy about North Lanarkshire Council's handling of the internal communication system to the concierge station.

Specific complaints and conclusions

The complaints from Mr C which I have investigated are that:

• (a)  the Council failed to repair the internal communication system to the concierge station (not upheld);
• (b)  the Council failed to repair the internal door entry system (not upheld); and
• (c)  the Council failed to ensure the provision of a proper communication system for the lifts in the event of breakdown (not upheld).

Redress and recommendation

The Ombudsman has no recommendation to make.

The complainants complained about what they considered was a lack of formal process for altering the geographic lines of planning zones in the area around their home.

Overview

The complainant raised a number of concerns over the handling of his stepson's application for Housing and Council Tax Benefit. Issues relating to the subsequent handling of the complaint by The City of Edinburgh Council were also raised as complaints.

Specific complaints and conclusions

The complaints which have been investigated are:

• (a)  adequacy of the explanation by Council staff for the failure to respond to the complaint (not upheld);
• (b)  adequacy of explanation by staff regarding failure to process Request for Review (not upheld);
• (c)  the investigation of the complaint (not upheld); and
• (d)  contradictory nature of information provided regarding Housing Benefit application (not upheld).

Redress and recommendations

The Ombudsman has no recommendations to make.