Wednesday, 31 March 2010

Guidance on Good Administrative Practice - the guidance to councils the Local Government Ombudsman prescribe but fail to uphold

Local Government Ombudsman Guidance on Good Administrative Practice
  
The document sets out 42 principles or axioms of good administration, together with some explanatory comments and illustrations.

This document provides detailed guidance to councils on what the Local Government Ombudsman considers to be good administrative practice. It is reasonable to expect the Local Government Ombudsman would practice what they preach, and uphold these principles of good administration. But that is not the case.

When determining complaints the Local Government Ombudsman does not uphold its own guidance to councils, they deliberately ignore their own advice to councils, and knowingly conceal documentary evidence of maladministration referred to in the guidance. Here are two examples:-

Example1. 

Principle 18 of the guidance refers to the use of delegated powers. It states:

If a decision is being taken under delegated powers, ensure that there is proper and sufficient authority for this to be done and that use of delegated powers is appropriate in the circumstances.

The guidance goes on to say it is important that
proper authority exists for any individual officer to act under such powers and the delegation power should not be misinterpreted or misapplied. It then gives examples of maladministration where planning officers determine planning applications without delegated authority to do so.

But when documentary evidence is given to the Local Government Ombudsman that a Development Control Manager determined a planning application for reserved matters in contravention of the Scheme of Delegation, the corrupt Local Government Ombudsman ignores their own guidance, conceals the documented evidence, and deliberately covered up the maladministration. Details here.

Example 2.

Principle 24 of the guidance refers providing accurate and relevant information to a committee. It states:


Ensure that a committee is provided with a report when circumstances require and that the report is materially accurate and covers all the relevant points.

The guidance goes on to say
a committee report should provide all the material the members need to make an informed decision.

But when a Development Control Manager failed to notify a Development Control Committee that a planning application for reserved matters was in breach of an outline planning permission and a legally binding Planning Agreement, the corrupt Local Government Ombudsman ignores their own guidance, conceals the documented evidence, fails to mention these facts in their report, and deliberately covered up the maladministration. Details here.

There are many more examples of the way the Local Government Ombudsman ignore their own guidance given in the case histories. Details here.



The three wise monkeys are a pictorial maxim. Together they embody the proverbial principle to "see no evil, hear no evil, speak no evil". The phrase is often used to refer to those who deal with impropriety by looking the other way, refusing to acknowledge it, or feigning ignorance.

Three wise monkeys