Public Service and Local Government




OMBUDSMAN WATCHERS RESOURCE CENTRE

Local Government Ombudsman's policy of

(1) accepting everything Council Officers tell them

(2) ignoring Council Officer lies

Research by Trevor R Nunn, LGO Watcher The bodged road blog Public Service Ombudsman Watchers OWRC

Introduction

During 2005, whilst investigating my complaint against a council, a Local Government investigator (York office) stated that they had no reason to disbelieve anything  a council officer told them. Now most people would find this admission difficult to accept, especially from a so called impartial investigator, however, I didn't because I had experienced this policy in action during 2002 when an Assistant Ombudsman (York office)  accepted the word of a council officer against overwhelming evidence to the contrary.

What chance does a complainant have when the Local Government Ombudsman has a policy of accepting everything a council officer says without demur or validation! Now I know for a fact that a council officer lied to and misled the investigator on numerous occasions regarding my complaint. However, I had to wait until August 2008 to see if the Ombudsman was, in line with the policy I had identified earlier, going to overlook the lies.  After the LGO (York Office) published their report I had the initial evidence I needed. Proof beyond a shadow of doubt that even when the LGO is aware of council officer lies they do not report the fact to either the councillors, the complainant or in their reports.

My research

All that was left for me to do  was to see if my experience was unique or, as anticipated,  common to all investigations. (I had been in contact with other complainants who had experienced the same policy.) Therefore, I decided to carry out some research to identify how many times the LGO had actually identified that a council officer had lied to them during an investigation. I started by submitting the following Freedom of Information Request to the LGO on the 23rd November 2008.

I would like to know how many times over the last 10 years that the Local Government Ombudsman has brought evidence to the attention of a public authority that proves one of their staff has lied during an investigation. I would also like the names of the authorities concerned.

This is the response I received from the LGO on the 5th January 2009.

This is not information that is separately recorded anywhere so would only be information that is included as part of the file on a complaint. We only keep these complete files for 12 months after the case is closed and decision letters for five years, so essentially this information is not held the whole scope of your requestion. [Sic]

In addition, the Freedom of Information Act (section 44) does not override any restriction on the release of information covered by an earlier law. Under the Local Government Act 1974 (section 32(2)), the Ombudsman is not permitted to disclose any information obtained in the course of, or for the purposes of, the investigation of a complaint, unless he or she considers it is necessary for the purposes of the investigation (or for other very limited reasons mostly related to legal proceedings). The information you are requesting is covered by this exemption to the Freedom of Information Act.

Due to the LGO's failure to provide the information (I wonder why? After all a council officer lying does constitute maladministration. However, I can understand their reluctance for the truth to come out.) I decided to submit a Freedom of Information request to every council in order to obtain the information. Due to the number of requests, the time taken to follow up responses and other priorities it took me until early August 2009 to submit the same Freedom of Information Request to every council.

During the last five years how many times has the Local Government Ombudsman (as a result of investigating a complaint against [COUNCIL NAME] ) brought to the attention of the council the fact that a member of [COUNCIL NAME] staff had misled them, lied to them or done anything else to hinder their investigation. If they have what disciplinary action was taken against the individual(s) concerned by the council.

I started with Adur who responded within a 1 day (excellent) with the following answer, which I later found out would be a common response.

On no occasion in the last five years has the Local Government Ombudsman suggested that any member of staff has lied to or misled them.

Unfortunately,  quite a few  councils put forward ridiculous reasons for not supplying the information requested. This delayed matters whilst I  complained to the Information Commissioner. On a few occasions some councils didn't respond before they ceased to exist (A number of unitary councils were formed during April 2009 (example) whilst a number of former councils ceased to exist (example). The latter example is of a council that was particularly bad at responding to Freedom of Information requests. I did complain to the Information Commissioner about this council on another matter and received the following response, "I have considered the explanation for the delay provided by the public authority. Although a clear breach of the Act did occur, I am satisfied that the authority has recognised this and I have no reason to think that other, similar delays will recur in the future." Contrary to what the Information Commissioner concluded the council continued to delay responding to Freedom of Information requests until they no longer existed. Unfortunately that also meant I couldn't complain again to the Information Commissioner about the fact the council had not improved. However, this does demonstrate that even the Information Commissioner is, like the LGO,  willing to accept council spin and lies.

The list below provides a summary of the responses I received as a result of my  Freedom of Information requests. If you click on the links you will be taken to the What Do They Know website which I used to submit the requests. The links on the left will allow you to view all Freedom of Information requests to the council underlined whilst the associated link on the right will allow you to view the full history of my particular request to that council.

With a few of them you will be able to see the difficulty I had extracting the information, (East Cambridgeshire District Council is one example but their are many more). However, I must also acknowledge the many councils who responded quickly and without using any devious tactics to stop me getting the information. Adur Council is a prime example but there are many others that I would rate as excellent as far as providing a response to my Freedom of Information request is concerned. Especially Bolton and Havering. I have yet to receive an answer to all my Freedom of Information requests, as can be seen below, therefore, I will be updating this page as more response are received.

To jump straight to a summary of my research please click here

Council

Response
Adur District Council Never
Allerdale Borough Council Never
Alnwick District Council Never
Amber Valley District Council Never
Arun District Council  Never
Ashfield District Council Never
Ashford Borough Council Never
Aylesbury Vale District Council Never
Babergh District Council Never
Barking & Dagenham London Borough Council Never
Barnet London Borough Council Never
Barnsley Metropolitan Borough Council Never
Barrow-in-Furness Borough Council Never
Basildon District Council Never
Basingstoke & Deane Borough Council Never
Bassetlaw District Council Never
Bath & North East Somerset Council Never
Bedford Borough Council Never
Bedfordshire County Council Failed to respond before they ceased to exist
Berwick-upon-Tweed Borough Council Never
Bexley London Borough Council Never
Birmingham City Council Never
Blaby District Council Never
Blackburn with Darwen Borough Council  Never
Blackpool Borough Council  Never
Blyth Valley Borough Council Never
Bolsover District Council Never
Bolton Metropolitan Borough Council Never (but see annexe 1 below for more information)
Boston Borough Council Never
Bournemouth Borough Council Never
Bracknell Forest Council Never
Bradford City Council Never
Braintree District Council Never
Breckland District Council Never
Brent London Borough Council Never
Brentwood Borough Council Never
Bridgnorth District Council Failed to respond before they ceased to exist
Brighton & Hove Council Never
Bristol City Council Never
Broadland District Council Never
Bromley London Borough Council Never
Bromsgrove District Council Never
Broxbourne Borough Council Never
Broxtowe Borough Council Never
Buckinghamshire County Council Never
Burnley Borough Council Never
Bury Metropolitan Borough Council Never
Calderdale Metropolitan Borough Council Never
Cambridge City Council Never
Cambridgeshire County Council Never
Camden London Borough Council Never
Cannock Chase District Council Never
Canterbury City Council Never
Caradon District Council Never
Carlisle City Council Never
Carrick District Council Failed to respond before they ceased to exist
Castle Morpeth Borough Council Never
Castle Point Borough Council Never
Charnwood Borough Council Never
Chelmsford Borough Council Never
Cheltenham Borough Council Never
Cherwell District Council Never
Cheshire County Council Never
Chester City Council Never
Chester-le-Street District Council Never
Chesterfield Borough Council Never
Chichester District Council Never
Chiltern District Council Never
Chorley Borough Council Never
Christchurch Borough Council Never
City of London Corporation Never
Colchester Borough Council Never
Congleton Borough Council Never
Copeland Borough Council Never
Corby Borough Council Never
Cornwall County Council Never
Cotswold District Council Never
Coventry City Council Never
Craven District Council Never
Crawley Borough Council Never
Crewe & Nantwich Borough Council Never
Croydon London Borough Council Never
Cumbria County Council Never
Dacorum Borough Council Never
Darlington Borough Council Never
Dartford Borough Council Never
Daventry District Council Never
Derby City Council  Never
Derbyshire County Council Never
Derbyshire Dales District Council Never
Derwentside District Council Never
Devon County Council Never
Doncaster Metropolitan Borough Council Never
Dorset County Council Never
Dover District Council Never
Dudley Metropolitan Borough Council Never
Durham County Council Close but not really (see annexe 3 below for more details)
Durham City Council Never
Ealing London Borough Council Never
Easington District Council Never
East Cambridgeshire District Council Never
East Devon District Council Never
East Dorset District Council Never
East Hampshire District Council Never
East Hertfordshire District Council Never
East Lindsey District Council Never
East Northamptonshire District Council Never
East Riding of Yorkshire Council Never
East Staffordshire District Council Never
East Sussex County Council Never
Eastbourne Borough Council Never
Eastleigh Borough Council Never
Eden District Council Never
Ellesmere Port & Neston Borough Council Never
Elmbridge Borough Council Never
Enfield London Borough Council Never
Epping Forest District Council Never
Epsom & Ewell Borough Council Never
Erewash Borough Council Never
Essex County Council Complaint with ICO
Exeter City Council Never
Fareham Borough Council Never
Fenland District Council Never
Forest Heath District Council Never
Forest of Dean District Council Never
Fylde Borough Council Never
Gateshead Metropolitan Borough Council Never
Gedling Borough Council Never
Gloucester City Council Never
Gloucestershire County Council Never
Gosport Borough Council Never
Gravesham Borough Council Never
Great Yarmouth Borough Council Never
Greater London Authority Never
Greenwich London Borough Council Never
Guildford Borough Council Never
Hackney London Borough Council Never
Halton Borough Council Never
Hambleton District Council Never
Hammersmith & Fulham London Borough Council Never
Hampshire County Council Never
Harborough District Council Never
Haringey London Borough Council Never
Harlow District Council Never
Harrogate Borough Council Never
Harrow London Borough Council Never
Hart District Council Never
Hartlepool Borough Council Never
Hastings Borough Council Never
Havant Borough Council Never
Havering London Borough Council Close but not really (see annexe 2 below for more information)
Herefordshire Council Never
Hertfordshire County Council Never
Hertsmere Borough Council Never
High Peak Borough Council Never
Hillingdon London Borough Council Never
Hinckley & BosworthBorough Council Never
Horsham District Council Never
Hounslow London Borough Council Never
Hull City Council Never
Huntingdonshire District Council Never
HyndburnBorough Council Never
IpswichBorough Council Never
Isle of Wight Council Never
Isles of Scilly, Council for the Never
Islington London Borough Council Never
Kennet District Council Never
Kensington & Chelsea Royal Borough Council Never
Kent County Council Never
Kerrier District Council Never
KetteringBorough Council Never
King's Lynn & West NorfolkBorough Council Never
Kingston upon Thames Royal Borough Council Never
Kirklees MC Never
Knowsley Metropolitan Borough Council Never
Lambeth London Borough Council Never
Lancashire County Council Never
Lancaster City Council Never
Leeds City Council Never
Leicester City Council  Never
Leicestershire County Council Never
Lewes District Council Never
Lewisham London Borough Council Close but not really (see annexe 4 below for more information)
Lichfield District Council Never
Lincoln City Council Never
Lincolnshire County Council Never
Liverpool City Council Never
Luton Borough Council Never
Macclesfield Borough Council Never
Maidstone Borough Council Never
Maldon District Council Never
Malvern Hills District Council Never
Manchester City Council Never
Mansfield District Council Never
Medway Council Never
Melton Borough Council Never
Mendip District Council Never
Merton London Borough Council Never
Mid Bedfordshire District Council Never
Mid Devon District Council Never
Mid Suffolk District Council Never
Mid Sussex District Council Never
Middlesbrough Borough Council Never
Milton Keynes Council Never
Mole Valley District Council Never
New Forest District Council Never
Newark & Sherwood District Council Never
Newcastle upon Tyne City Council Never
Newcastle-under-Lyme Borough Council Never
Newham London Borough Council Never
Norfolk County Council Never
North Cornwall District Council Never
North Devon District Council Never
North Dorset District Council Never
North East Derbyshire District Council Never
North East Lincolnshire Council Never
North Hertfordshire District Council Never
North Kesteven District Council Never
North Lincolnshire Council Never
North Norfolk District Council Never
North Shropshire District Council Never
North Somerset Council Never
North Tyneside Metropolitan Borough Council Never
North Warwickshire Borough Council Never
North West Leicestershire District Council Never
North Wiltshire District Council Never
North Yorkshire County Council Never
Northampton Borough Council Never
Northamptonshire County Council Never
Northumberland County Council Never
Norwich City Council Never
Nottingham City Council Never
Nottinghamshire County Council Never
Nuneaton & Bedworth Borough Council Never
Oadby & Wigston Borough Council Never
Oldham Metropolitan Borough Council Never
Oswestry Borough Council Never
Oxford City Council Never
Oxfordshire County Council Never
Pendle Borough Council Never
Penwith District Council Never
Peterborough City Council  Never
Plymouth City Council Never
Poole Borough Council Never
Portsmouth City Council Never
Preston City Council Never
Purbeck District Council Never
Reading Borough Council Never
Redbridge London Borough Council Never
Redcar & Cleveland Borough Council Never
Redditch Borough Council Never
Reigate & Banstead Borough Council Never
Restormel Borough Council Never
Ribble Valley Borough Council Never
Richmond upon Thames London Borough Council Never
Richmondshire District Council Never
Rochdale Metropolitan Borough Council Never
Rochford District Council Never
Rossendale Borough Council Never
Rother District Council Never
Rotherham Metropolitan Borough Council Never
Rugby Borough Council Never
Runnymede Borough Council Never
Rushcliffe Borough Council Never
Rushmoor Borough Council Never
Rutland County Council Never
Ryedale District Council Never
Salford City Council Never
Salisbury District Council Never
Sandwell Metropolitan Borough Council Never
Scarborough Borough Council Never
Sedgefield District Council Never
Sedgemoor District Council Never
Sefton Metropolitan Borough Council Never
Selby District Council Never
Sevenoaks District Council Never
Sheffield City Council Never
Shepway District Council Never
Shrewsbury & Atcham Borough Council Never
Shropshire County Council Never
Slough Borough Council Never
Solihull Metropolitan Borough Council Never
Somerset County Council Never
South Bedfordshire District Council Never
South Bucks District Council Never
South Cambridgeshire District Council Never
South Derbyshire District Council Never
South Gloucestershire Council Never
South Hams District Council Never
South Holland District Council Never
South Kesteven District Council Never
South Lakeland District Council Never
South Norfolk District Council Never
South Northamptonshire District Council Never
South Oxfordshire District Council Never
South Ribble Borough Council Never
South Shropshire District Council Never
South Somerset District Council Never
South Staffordshire District Council Never
South Tyneside Metropolitan Borough Council Never
Southampton City Council Never
Southend-on-Sea Borough Council Never
Southwark London Borough Council Never
Spelthorne Borough Council Never
St Albans City Council Never
St Edmundsbury Borough Council Never
St Helens Metropolitan Borough Council Never
Stafford Borough Council Never
Staffordshire County Council Never
Staffordshire Moorlands District Council Never
Stevenage Borough Council Never
Stockport Metropolitan Borough Council Never
Stockton-on-Tees Borough Council Never
Stoke-on-Trent City Council  Never
Stratford-on-Avon District Council Never
Stroud District Council Never
Suffolk County Council Never
Suffolk Coastal District Council Never
Sunderland City Council Never
Surrey County Council Never
Surrey Heath Borough Council Never
Sutton London Borough Council Never
Swale Borough Council Never
Swindon Borough Council Never
Tameside Metropolitan Borough Council Never
Tamworth Borough Council Never
Tandridge District Council Never
Taunton Deane Borough Council Never
Teesdale District Council Never
Teignbridge District Council Never
Telford & Wrekin Borough Council  Never
Tendring District Council Never
Test Valley Borough Council Never
Tewkesbury Borough Council Never
Thanet District Council Never
Three Rivers District Council Never
Thurrock Borough Council  Never
Tonbridge & Malling Borough Council Never
Torbay Borough Council Never
Torridge District Council Never
Tower Hamlets London Borough Council Never
Trafford Metropolitan Borough Council Never
Tunbridge Wells Royal Borough Council Never
Tynedale District Council Never
Uttlesford District Council Never
Vale of the White Horse District Council Never
Vale Royal Borough Council Failed to respond before council ceased to exist
Wakefield City Council Never
Walsall Metropolitan Borough Council Never
Waltham Forest London Borough Council Never
Wandsworth London Borough Council Never
Wansbeck District Council Never
Warrington Borough Council Never
Warwick District Council Never
Warwickshire County Council Never
Watford Borough Council Never
Waveney District Council Never
Waverley Borough Council Never
Wealden District Council Never
Wear Valley District Council Never
Wellingborough Borough Council Never
Welwyn Hatfield District Council Never
West Berkshire Council Never
West Devon Borough Council Never
West Dorset District Council Never
West Lancashire District Council Never
West Lindsey District Council Never
West Oxfordshire District Council Never
West Somerset District Council Never
West Sussex County Council Never
West Wiltshire District Council Never
Westminster City Council Never
Weymouth & Portland Borough Council Never
Wigan Metropolitan Borough Council Never
Wiltshire County Council Never
Winchester City Council Never
Windsor & Maidenhead Royal Borough Council Never
Wirral Metropolitan Borough Council Never
Woking Borough Council Never
Wokingham Council Never
Wolverhampton City Council Never
Worcester City Council Never
Worcestershire County Council Never
Worthing Borough Council Never
Wychavon District Council Never
Wycombe District Council Never
Wyre Borough Council Never
Wyre Forest District Council Never
York City Council Never

Annexe 1 to 4

(1) Bolton MBC: There are no cases in which the Investigators for the Ombudsman found that the Council had ‘misled’ or ‘lied’ to them or hindered their investigation. For the sake of transparency and openness, I should also note that in one case in 2007 the Investigator expressed ‘concern and disappointment‘ that the Council had not fully answered one of their questions but this did not affect the satisfactory resolution of the complaint [my emphasis]. [Back to table]

(2) Havering LBC: One in 2007, the Ombudsman drew attention to an incident where an officer appeared to have provided an 'edited' document in evidence rather than the original. Enquiry revealed that the officer in question had out of a misguided sense of helpfulness, copied a document so as to remove what appeared to him to be extraneous handwritten notes from the margins of the document, In the event these notes contained nothing untoward. The officer in question was reprimanded in no uncertain terms that all documents should be provided 'as is' and not edited in any way. The Ombudsman accepted the explanation and no further action was required to be taken [my emphasis]. [Back to table]

(3) Durham CC: The Ombudsman did draw to our attention one local settlement case where the relevant investigator was concerned initially that the Council was providing misleading information. These faults were acknowledged by the Council with an undertaking to put things right for the future. This did not result in any disciplinary action being taken against a member of staff. The Council's Standards Committee which has an overview of complaints handling received a report on the specific case [my emphasis]. [Back to table]

(4) Lewisham BC: In the LGO's Annual Review for year ending 31 March 2009, the Ombudsman does say "the position of the Council as presented to my colleague in writing was not supported by the evidence later provided when officers were formally interviewed". The Council does not agree with this statement. The compensation figure given in the Review is also incorrect. The Council has raised these issues directly with the Ombudsman's office. It should be noted that no formal public report was issued against the Council, following the completion of the Ombudsman's investigation into this case [my emphasis]. [Back to table]

Summary

Over the last five years the Local Government Ombudsman has not brought one single incident of a Council officer misleading or lying to them to the attention of a Council which led to disciplinary action being taken against a Council Officer for misleading or lying to an Ombudsman. (The closest so far is Durham County Council but concern was raised over the council and not a particular officer and Lewisham, however, they are currently contesting the Ombudsman's statement in their Annual Review.) Now this could be explained away by arguing that no council officer has ever lied to the Ombudsman. However, this assumption  is far from the truth and I can prove it with reference to my own case. The Ombudsman initially refused to investigate my 2002 complaint because of what a council officer told an Assistant Ombudsman. I told them at the time they were being misled by a council officer but my pleas and contrary evidence were ignored. However, during 2006 it became so obvious they had been misled the LGO had no alternative but to comeback on my 2002 complaint. One of the criteria for comeback is that the Ombudsman had been misled by the council. Although, if you read my article on comeback, you will find that the Assistant Ombudsman didn't want to comeback on my complaint for statistical reasons, however, ironically  he did suggest I had a good case for a new complaint because the council had not been telling the truth. During August 2008 the Ombudsman produced a final report into my complaint and although finding the council guilty of maladministration for delay did not bring to the attention of the council the fact that one of their officers had lied to the Assistant Ombudsman during 2002. To prove my point please refer to the answer the council question gave in response to my Freedom of Information (in the box below). It is also important to appreciate that this is not an isolated incident, in my case the Ombudsman was lied to on numerous occasions by Council Officers during the investigation of my complaint (Further details when I publish my response to their final report). In addition I am also aware of other cases in which the Ombudsman has been lied to by a Council Officer with impunity (as can be evidenced from my research).

As far as I can see there are two reasons why a  Local Government Ombudsman would want to ignore Council Officer lies

(i)  they are biased in favour of Councils and prefer to overlook the problem.

(ii) it saves them having to expose their own failure to validate.

However, I'm sure that most complainants would be astonished to know that, for whatever reason, Local Government Ombudsmen turn a blind eye when a Council Officer has lied to them.

Neither is this a new phenomenon. The famous Balchin's case proves that this bizarre policy has been in existence for at least 18 years. I am also sure that this long term policy is partly to blame for the culture of deceit that has now become prevalent in many Local Councils

(A) ...the Local Government Ombudsman has not had occasion to inform Cheshire County Council that a member of staff has misled, lied or hindered their investigations. In fact there have been a number of occasions where the Ombudsman has specifically thanked staff for their honesty, help and co-operation.

Footnote

Another Freedom of Information request has identified that all three Local Government Ombudsmen, Tony Redmond, Ann Seex and Jerry White  are ex Council Chief Executive Officers whilst all three Deputy Local Government Ombudsman and the majority of their staff are also ex Council Officers. I will let the readers draw their own conclusion.

The Next Stage

I am now collecting further evidence and ask any reader who has experience or knowledge of a Council Officer lying to a Local Government Ombudsmen to send me a copy of their evidence for inclusion in a final article regarding the tendency of Local Government Ombudsmen believe anything a council officer tells them or overlooks it when it is obvious they have been lied to.. Preferably within the last five years.

This page will be updated as new responses are received

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