Local Government Ombudsman

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Northampton Borough Council (06B15314 and 12 others)

Land                    Maladministration causing injustice

04 August 2008

There were fundamental errors from the outset in Northampton Borough Council’s project to refurbish an approved gypsy and traveller site. The Ombudsman said “it is hard to conceive of a more poorly managed project from start to finish”, and made a number of recommendations for the Council to remedy problems at the site and pay compensation totalling £4,200.

‘Mr Allen’ (not his real name for legal reasons) and 12 other residents of an approved gypsy and traveller site in Northampton, complained about refurbishment work undertaken to the site; in particular to amenity blocks housing kitchen and bathroom facilities.

The Ombudsman upheld the majority of the complaints made. While he did not uphold complaints about inadequate consultation on the refurbishment proposals, he criticised the Council for not consulting residents subsequently to advise what the refurbishment would cover.

He highlighted specific “fundamental errors” in that the Council failed at the outset:

  • to adequately involve its own Asset Management Team in the planning and preparation of the works; 
  • to enter into a written contract with the contractor; and 
  • to ensure there was an adequate schedule of works.

As a result the budget was insufficient for the planned work, there was insufficient attention given to matters of health and safety, it was unclear in places what the schedule of works was expected to cover, there was insufficient prioritising of work and a lack of record as to the condition of amenity blocks on handover. The Ombudsman also said “the Council must accept criticism for its failure to respond sooner to warnings that the refurbishment was going badly wrong”.

The complaint also highlighted other failings. The contract for management of the site was allowed to lapse with insufficient attention given to a new arrangement. While the Ombudsman accepted the Council had challenges managing the site, he found that insufficient attention was given to the needs of residents in this regard.

Remedy

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

  • apologised to the complainants and paid them compensation totalling £4,200;
  • commissioned specialist surveys to consider the condition of roofs and a report of damp conditions in amenity blocks already refurbished, and let residents and the LGO know the outcome;
  • completed the final outstanding refurbishment to two amenity blocks;
  • put measures in place to ensure consultation with residents on matters of site management (ensuring a transparent complaints procedure is also in place) and reviewed certain decisions in the light of further consultation.
  • reviewed whether electrical supply arrangements were sufficient for the needs of residents, given evidence that this might be inadequate; and
  • conducted further visits to residents to check any other outstanding repairs not covered by the specialist surveys.

LGO satisfied with Council response: 04 March 2010

Date Updated: 16/03/10