LGO slams council amid claims it provided misleading information
The Local Government Ombudsman has sharply criticised a local authority amid claims that it had provided "misleading information".
The LGO's comments came at the end of a case involving a property developer, Mr X, who had made three separate complaints to the Ombudsman.
After the first complaint in 2009, the Ombudsman found that the former Berwick Borough Council had failed to enforce a planning agreement to ensure a small triangle of land was made into a temporary play area and then transferred into public ownership, free of charge.
Mr X needed that land to be able to start work on a large–scale housing development for which he had been given planning permission.
The land had previously been part of a planning agreement with another builder dating back to the 1990s. However, the council never took possession of the land.
Berwick BC agreed to seek legal advice from an independent person to purchase the land.
The LGO then said Northumberland County Council, Berwick's successor, twice failed – in 2010 and 2012 – to take action agreed with the Ombudsman to try and acquire the land.
The land was finally bought for a “considerable sum” in December 2012.
The Ombudsman’s concluded – following an investigation into Mr X’s third complaint – that there had been:
- “a failure to carry out remedies agreed with the Ombudsman without credible excuse to justify the failure;
- a lack of effective supervision and monitoring at every level of management to ensure the remedies were carried out;
- no records of meetings, site visits, appraisals and decisions;
- misleading written statements made to the Ombudsman, claiming that action had been taken when it had not;
- serious and irreconcilable inconsistencies in the accounts given to explain what had and had not happened.”
The LGO claimed that it had been forced to threaten legal action “to gain updates and responses to formal enquiries”.
Dr Jane Martin, Local Government Ombudsman, said: “In this case there has been a failure to take corporate responsibility and control of the situation by Northumberland County Council.
“At a considerable cost to the public purse, the council has been forced to purchase a piece of land that should have been handed over free of charge.”
Dr Martin added: “I am astounded that it has taken this long to come to a conclusion – this acquisition process should have been a straightforward ‘bread and butter’ exercise for a council but instead it has turned into a catalogue of errors and inertia.
“I hope that Northumberland County Council can take a good look at their responses to me and my investigators and make sure that this situation never arises again.”
The LGO recommended that Northumberland:
- apologise to the businessman;
- write to Mr X to confirm that his planning permission still existed;
- pay him £1,500 for his time and trouble in pursuing the complaint; and
- contact local residents within the next three months to explain what has happened and consult them on possible upgrades of local play facilities.
Steve Stewart, chief executive of Northumberland County Council, said: “We are extremely disappointed with the Ombudsman’s comments in this report.
“The issue is one which arose due to the failure of the former Berwick-upon-Tweed Borough Council to enforce a planning agreement, and it has now been resolved and the financial bill picked up by this council.”
Stewart added: “This council has a good record in resolving complaints, and in fact this is the first Ombudsman investigation which has resulted in a finding of maladministration since the new council was formed.”
