Local Government Ombudsman

> | Accessiblity Options | Text Only | Text Size: A+ A- Reset | Links | Site Map

You are here: Home : : Complaint outcomes : : Antisocial behaviour : : Antisocial behaviour archive 2005 to date : : Corby Borough Council (08 004 517)

Quality and efficiency

Browser support

Browse aloud

Click here for speech assisted browser support

Downloads

Site tools

Files with this symbol pdf icon are in .pdf format. To view these files you will need the Adobe Acrobat Reader software. It can be downloaded below free of charge. Click To Download

adobe acrobat reader

Corby Borough Council (08 004 517)

Antisocial behaviour and Rights of way  Maladministration causing injustice

17 September 2009

Corby Borough Council failed to fulfil a previously-agreed settlement to a complaint. The Ombudsman said “… the Council has fallen far short of some basic standards of good administrative practice in its handling of the matters I have investigated. It is my duty to see that this is addressed. While I welcome its statement that it will try to improve its internal communications as a result of this complaint, I am not yet persuaded that the Council is committed to learning lessons from complaints given the tone of its responses …”

‘Mrs Ashmead’ (not her real name for legal reasons) complained about the Council’s actions following an unreported investigation discontinued by the LGO in March 2008. She complained that the Council failed to apologise as part of the agreed settlement to that investigation; broke a promise that it would reinvestigate her contention that she has a “right of prescription” to cross Council-owned land; and failed to respond to complaints she made about its handling of a dispute she had with her neighbour in September 2007.

The Ombudsman criticised the Council’s failure to provide the previously-promised apology to Mrs Ashmead as well as its failure to respond to correspondence and complaints, and for citing reasons for its failure that are not credible. He also criticises the Council for sending Mrs Ashmead a letter – saying that she was causing her neighbour a nuisance – that was not factually based.

The Ombudsman considered that the combination of failings in this case and the Council’s dismissive approach to his investigation, justify issuing a report in the public interest.

Remedy

He found maladministration causing injustice and, in accordance with his recommendations, the Council:

  • apologises to Mrs Ashmead, both in respect of the investigation discontinued in March 2008 and for the failings identified by this subsequent investigation;
  • paid Mrs Ashmead £1,000 compensation for the injustice she had been caused;
  • took further independent legal advice on Mrs Ashmead’s claim that she has a right of access to cross Council land and shared that with her; and
  • shared with the LGO’s office the outcome of the review of its internal communications that it carried out in the wake of this investigation.

LGO satisfied with Council's response: 18 June 2010

Date Updated: 15/10/10