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1 The 3 Local Government Ombudsmen have published their Annual Report 2000/01. They recorded a 9.3 per cent increase nationally in complaints over the previous year. Biggest increases were in complaints about housing benefit administration and school admission appeals.

2 The Ombudsman determined 46 complaints against the County Council, compared with 40 determinations in the previous year. For comparison, corresponding figures for Essex County Council were 41 and 51 and for Kent, 56 and 49.

3. In some cases, the Ombudsman is able to reach a conclusion on a complaint without asking the County Council for comment or further information. However, many require a response. Each takes considerable staff time to prepare both within the Chief Executive's Department and the service department. The Ombudsman asks for a response within 15 working days which can place pressure on the departments and officers involved.

4. In most cases, the Ombudsman reaches a determination of the complaint on the basis of that information, or following a further request for clarification on particular points or for specific additional information. In a few instances, the Ombudsman's investigator proceeds to inspect files and interview those involved, and that can include Members. In almost all cases, the Ombudsman then writes in confidence to the complainant setting out reasons for discontinuing investigation of the complaint, copying the letter to the County Council.

5. 21 of the complaints determined by letter in 2000/01 were found to be unjustified and a conclusion of no maladministration recorded. 8 were found to be outside the Ombudsman's jurisdiction. 13 investigations were discontinued for other reasons, most because initial investigation established that the complainant had suffered no real injustice - and the Ombudsman's principal purpose is to assist individuals who have suffered significant injustice as a consequence of maladministration. In 3 cases investigation was discontinued because the Ombudsman considered action taken by the County Council subsequent to receipt of the complaint had established a reasonable settlement of the issue for the complainant.

6. The law provides for the Ombudsman to publish reports of investigation of complaints. Very few investigations reach this stage. Most are discontinued at the Ombudsman's discretion without publication of a report. In 2000/01 only one investigation of a complaint against the County Council proceeded to publication of a report. It related to a rights of way matter, and the report concluded that the complaint was, in part, justified. It was reported to the Recreation Committee on 18 January 2001. The committee criticised and challenged the Ombudsman's conclusions and findings but accepted his recommendations. The Ombudsman was satisfied with the response.

7. As in previous years, the largest number of complaints against the County Council were about Social Services. Other services with a number of Ombudsman complaints were Special Education Needs, disputed settlements of claims against the County Council and rights of way.

8. Like other education authorities, the County Council has had to deal with increasing numbers of appeals against refusal to admit children to the school of their parents' preference. Last year there were 579 appeals and the Chief Executive's Department arranged 227 panel hearings but the Ombudsman received only 7 complaints about those appeals, none of which was found to be justified

Recommendation:

It is recommended that the Committee notes with satisfaction that in 2000/01 the Local Government Ombudsman discontinued investigation of all except one complaint against the County Council and that in the one case where a report of investigation was published, the Ombudsman was satisfied with the County Councils response.

Background Information

Section 100D - Local Government Act 1972 - background papers

The following documents disclose facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of this report.

NB the list excludes:

1. Published works.

2. Documents which disclose exempt or confidential information as defined in the Act.

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