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Managing tenancies Maladministration causing injustice
26 November 2007
Dudley Metropolitan Borough Council wrongly refused to accept liability for damage to a woman’s garden caused by contractors replacing fencing. The Ombudsman says that “It is clear that a council remains accountable for the actions of its contractors while carrying out an administrative function on its behalf.” The contractors admitted that three dwarf trees had been felled unnecessarily and inappropriately. The Ombudsman continued, “How [the Council] wishes to apportion costs between itself and its contractors in providing a remedy is a matter for the Council,” and comments, “The Council’s buck-passing here is entirely unacceptable.” ‘Miss Holton ‘(not her real name for legal reasons) complained that the Council’s contractor felled ornamental dwarf trees and a rose shrub in her garden whilst replacing fencing on the Council’s behalf. The contractor carried out the work without Miss Holton’s knowledge or consent. The Council refused to accept liability for its contractor’s actions and told Miss Holton that she should pursue the contractor to remedy her complaint. The contractor did not provide a remedy that Miss Holton considered acceptable, but the Council refused to intervene. The Ombudsman finds that the Council is accountable for the actions of a contractor who is carrying out work on its behalf. He finds maladministration causing injustice and recommends that the Council:
Date Published: 28/10/08
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