Decision details

Local Government Ombudsman decision

Decision Maker: Cabinet

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: Yes

Purpose:

To inform cabinet of a decision by the Local Government Ombudsman (LGO) of maladministration and injustice, and confirm actions being taken in response.

Decision:

THAT:

(a)          the report and recommendations of the Local Government Ombudsman, at appendix 1, be considered;

(b)          the findings be accepted and the recommended actions agreed; and

(c)          in implementing the recommendations:

(i) the director for adults and wellbeing undertake to apologise to the parties and ensure training is provided to social workers; and

(ii) the monitoring officer makes the recommended payments.

 

Reasons for the decision:

The Local Government Ombudsman has decided that there was maladministration (fault) causing injustice to Mr B and Mrs D. The Local Government Act 1974 requires that where such a decision is issued, that the report is publicised and considered.

 

Alternative options considered:

Not to accept the findings of the LGO. Although the ombudsman cannot compel the council to implement its recommendations, in practice councils almost always do act on them. There is no right of appeal against a decision by the LGO, but it is possible to seek judicial review where it is believed that the legal basis of a decision is flawed. This is not recommended as the LGO findings are based on evidence that is not disputed.

 

Contact: Claire Ward, Director of governance and law Email: Claire.Ward@herefordshire.gov.uk Tel: 01432 260657.

Publication date: 14/10/2016

Date of decision: 13/10/2016

Effective from: 19/10/2016