Council of the Isles of Scilly (15 019 440)

Category : Other Categories > Other

Decision : Upheld

Decision date : 06 Feb 2018

Summary

A family (Mr and Ms B) complain the Council has not provided the remedy recommended in an earlier report.

The complaint

The Council has failed to comply with recommendations made in a previous report. The recommendations were made to remedy the injustice caused due to fault by the Council. The Council was given three months to respond to the report and provide evidence of compliance. It failed to do so.

Finding

The Ombudsman upheld the complaint and found fault causing injustice.

Recommendations

To remedy the injustice caused to Mr and Mrs B and their family, the Council should ensure full compliance with the recommendations set out in the original report and provide evidence of this without delay.
The Council should also pay an additional £250 to Mr and Mrs B to remedy the injustice caused by the need to issue a Further Report on this complaint. The Council should lay the original report and this Further Report before the Authority. If it is minded not to comply with our recommendations, then this report is required to be considered by full Council in accordance with Section 31A(1A) of
the Local Government Act 1974. The Council has raised concerns about the implications of this requirement. We are willing to consider an alternative approach, but this must include consideration
by a properly constituted body of elected members of the Authority with formal delegation to deal with this matter on behalf of the Authority. All those involved in considering this report should be informed of the continuing requirement for confidentiality and the need to ensure the anonymity of the family involved.
 

Ombudsman satisfied with Council's response: 27 April 2018.

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