Advise On Complaining
The Local Government Ombudsman investigates complaints from members of the public who
consider that they have been caused injustice by the actions of a local authority or adult social care
provider. The Ombudsman seeks redress for the complainant where fault and injustice has
occurred. Where necessary, the Ombudsman makes recommendations, which are for the local
authority or adult social care provider to implement.
The Ombudsman will in the main look only at how you have been personally effected they will NOT regulate or alter anything thing that the LA has done. nor will they enter into any contentious point of Law unless as in the example below it is clear cut ie They failed to do something they where lawfully obliged to do
You therefore need to be clear about the personal injustices done to you
Whilst you may be very unhappy for example about building 50 houses on a nature reserve there is little the ombudsman could do unless a breach in process was found to occur by the local authority or some other demonstrable form of descrimination or prejudice has been in place
Here is an interesting case Study which deals with taking of Open Space
Bolsover Council (Case Link)
To take open space the LA must go through a formal legal process of Apropriation it needs to be advertised etc and need to conform to specifcs in regard to s122 f the LGA (1972)
There have been instances when the LA have failed to do this at ALL ( this is a very clear cut example) or do this incorrectly maladminstration. In such cases the council have failed to conform to the Law and therefore to meet the complaint criteria your complaint is simple
Your legal right to object has been prejudised and you can no longer make the quiet enjoyment of the land at.....
If you believe you are experiencing an injustice because a council or specifically an officer in the Council is acting ultra vires creat an evidence chain. If you need to compel the Council to provide you with information then use the Freedom of Information Act to address any questions relevant to you case . The Law requires them in most instances to provide it .We highly recommend What Do they Know Site (link) Which is a free site that serves notice to the FOI Officer and under the FOI Act requires the Local Authority to respond within 21 working days thereafter a 20 day Internal Review thereafter the request you will be able to manually refer your complaint to the office of Information Commisioner for a ruling on material facts relevant to your complaint
Using this site creates a detailed audit chain in the event a local authority Whilst the ICO ruling is separate the LGO must consider an outcome where it rules that the council have breached the act or failed to provide information materially relevant.
In one example relating to land apropriation the council failed consistingly to provide key answers to simple questions duly made ( FOI and s122 Objection)
Did the officer have delegated authority to sign of the open space on one site
On another site Dis apropriation occur
Here in lies a conflict no local authority solicitor would admit the affirmative because it clearly tells all that they have acted unlawfully