Local Government Ombudsman

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Norfolk County Council (03B18222)

Highway management               Maladministration causing injustice

05 October 2005

A couple whose lives and health were ruined by failures on the part of Norfolk County Council and the Department for Transport had their complaints upheld and £200,000 compensation. The complaints related to the Council’s refusal to purchase Mr and Mrs Balchin’s former home (Swans Harbour) in advance of an intended road bypass scheme near Wroxham that was later dropped.

The Local Government Ombudsman and Parliamentary Ombudsman both published reports setting out the results of their investigations into the Balchins’ long-running complaint. Mr Balchin said that he had lost an established profitable business, his home and his assets, and that both he and Mrs Balchin suffered from stress, worry, anxiety and ill health as a result.

This unique collaboration between the Ombudsmen found maladministration both at the Council and the Department. They concluded that the Council and the Department must carry an equal share in the responsibility for the hardship caused to the Balchins and recommended that each body should pay them £100,000.

The LGO said in his report: “I conclude that the Council could not reasonably have refused to buy Swans Harbour had the matter been considered properly – as it should have been – in October 1992.”

The Parliamentary Ombudsman said: “I consider that the Department should have given clearer guidance to the Council about their new power to purchase properties which would be badly affected but not technically blighted by the proposed new road.” She said she was pleased that the Department has immediately agreed to make a payment to the Balchins.

The LGO said the Council had shown a genuine willingness to consider putting right the adverse effects on Mr and Mrs Balchin that arose as a result of its administrative fault.

Date Published: 09/04/09