Decision details

RESOLVED: That Cabinet:

(1)   Considered the LGO report.

(2)   Noted the LGO recommended action compliance information as in para 7.2 – 7.3 below.

(3)   Considered the measures that the Environmental Health Service has put / will put in place to prevent the recurrence of the failings.

(4)   Noted that the Council’s Comments, Compliments and Complaints Policy and Procedure will be reviewed in 2025, to potentially include remedies, and supporting guidance will be issued for Officers.

RECOMMENDED TO COUNCIL:The revisions to section 14 of the Constitution relating to LGO decisions and payments, as detailed under section 8.5 of this report [extract as follows deletion/amendment underlined]

8.5  In terms of recommendation 2.5, the proposed wording to amend section 14.6.5/ 14.6.13 of the Constitution, would assist with ensuring that this matter is discussed between the three statutory officers (Head of Paid Service, Section 151 and Monitoring Officers), with the removal of the settlement limit to reflect the increasing awards now being made by the LGO. It should be noted that at the time the compensation payment of £3,000 was made, this was not in line with the original delegation (albeit under the Managing Director’s general delegation to make such a payment above £2,000, on urgency grounds, under section 14.6.5(a)(iv)). The proposed amended wording would be:

14.6.5(a)(xiii) Managing Director’s delegation, to be amended (as underlined):

“(xiii) To consider any report of the Local Government Ombudsman and to settle any compensation payments up to £2000 (in conjunction with the section 151 Officer and Monitoring Officer)”

14.6.13 Proper Officers Schedule to be amended as (as underlined):

“Local Government Act 1974 S.30(5) To give notice and that copies of an Ombudsman’s report, in draft and final  are available to the Managing Director, and Monitoring Officer (where maladministration identified)”

REASONS FOR RECOMMENDATION:

(1)   Recommendations 2.1-2.4 are to cover the issues that have arisen / linked to the LGO in its report dated 19 September 2024, titled ‘Investigation into a complaint about North Hertfordshire District Council (reference number: 23 014 065)’, appended at A, and in the opinion of the Monitoring Officer, are necessary steps for the Council in this matter.

(2)   Recommendation 2.5 is to recognise the wider involvement of the statutory officers in such matters and specifically in relation to the issue of compensation, to increase notification and flexibility.