S26D - Apparent maladministration

S26D (matters coming to the attention of Local Commissioner) enables the Ombudsmen to investigate a matter where, during the course of an investigation, a third party appears to have suffered injustice. For example, a complaint that discloses maladministration in a housing allocations case may reveal that a third party, rather than the complainant, suffered injustice because s/he should have been allocated a property.

The Ombudsmen currently cannot make recommendations where they believe third parties may have been affected by maladministration although they can exhort the council to take action. This new provision gives some extra ‘teeth’ in that without a complaint the Ombudsmen can make enquiries and if necessary recommendations in respect of people other than the complainant. Investigators must advise their LGO of third party issues before pursuing an investigation . There will be separate recording of these third party matters.

There is no statutory provision for the third party, potential complainant, to be notified but Ombudsmen would expect the third party to be contacted if there was action proposed beyond a referral back to the authority.

Tony Redmond
March 2008

Date Updated: 06/05/10