Local Government Ombudsman

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Annual report 2009/10: Glossary of terminology

Complaints and enquiries handled by the LGO Advice Team

Premature complaints and enquiries

Formal premature complaints are written complaints that are not accepted for consideration by the Local Government Ombudsmen because the councils concerned have not had a reasonable opportunity to deal with them first. They are sent to the councils concerned with a request that they should investigate them. If a complainant is not satisfied with the outcome of a council’s investigation, he or she can complain to the Ombudsman again.

Where someone telephones the LGO Advice Team and it is clear that they have not given the council concerned a reasonable opportunity to deal with the complaint first, an adviser will explain that they need to complain to the council first. They will be advised that they can come back to the Ombudsman if they remain dissatisifed after their complaint has been through the council’s complaints procedure.

Advice given

These are enquiries where the LGO Advice Team has given advice on why the Ombudsman would not be able to consider the complaint, other than that the complaint is premature. For example, the complaint may clearly be outside the Ombudsman’s jurisdiction; in some cases it could be looked into by a different body and the complainant will be given advice on this. It also includes cases where the complainant has not given enough information for clear advice to be given or for the complaint to be pursued, but they have, in any case, decided not to take the matter further.


Forwarded to the investigative team (resubmitted prematures)

These are cases where there was either a formal premature decision, or the complainant was given informal advice that their case was premature, and the complainant has resubmitted their complaint to the Ombudsman after it has been put to the council and they remain unsatisfied.

Forwarded to the investigative team (new)

These are complaints that have been forwarded from the LGO Advice Team to the Investigative Team, for further consideration. They are from complainants who have not been in touch with us before (on the matter in hand) but who have already had their complaint considered by the council concerned.

Complaints handled by the Investigative Teams

Outside jurisdiction

The Ombudsmen can investigate most types of complaints against local authorities. But there are some things the law does not allow them to investigate, such as personnel matters, and matters which affect all or most of the people living in a council’s area. Such complaints, when they are decided, are described as being outside jurisdiction.

Local settlements

The term local settlement is used to describe the outcome of a complaint where, during the course of our consideration of the complaint, the council takes, or agrees to take, some action that the Ombudsman considers is a satisfactory response to the complaint and the investigation is discontinued. This may occur, for example, in any of the following circumstances:

the council on its own initiative says that there was fault that caused injustice, and proposes a remedy which the Ombudsman accepts is satisfactory;

  • the council accepts the suggestion by the Ombudsman, as an independent person, that there was fault which caused injustice, and agrees a remedy which the Ombudsman accepts is satisfactory;
  • the council does not consider that there was fault but is able to take some action which the Ombudsman accepts is a satisfactory outcome;
  • the council and the complainant themselves agree upon a course of action and the Ombudsman sees no reason to suggest any different outcome; or
  • the Ombudsman considers that, even if the investigation were to continue, no better outcome would be likely to be achieved for the complainant than the action the council has already taken or agreed.
Ombudsman’s discretion

Complaints described as closed by Ombudsman’s discretion are those that have been discontinued because, for example:

  • the complainant wishes to withdraw his or her complaint;
  • the complainant has moved away and the Ombudsman is no longer able to contact him or her;
  • the complainant decides to take court action; or
  • we find there is no or insufficient injustice to justify continuing the investigation.

Remedy

When a report is issued finding injustice caused by maladministration, the Ombudsman will recommend what the council should do to put matters right (the remedy).


First report

When an Ombudsman issues a report after completing an investigation, this is referred to as the first report on the complaint.


Further report

If the council does not respond satisfactorily to the Ombudsman’s recommendations in a first report within a given time limit, the Ombudsman must issue a further report, which must be considered by the full council. This further report is sometimes referred to as a second report.

Statement

If the council does not respond satisfactorily to the Ombudsman’s second report within the given time limit, the Ombudsman may require the council to publish a statement in a local newspaper. Such statements consist of the details of any action recommended by the Ombudsman, any supporting material the Ombudsman may require and, if the council wishes, a statement of its reasons for not complying with the Ombudsman’s recommendations.

Date Published: 27/07/10