The Scottish Public Services Ombudsman. Planning Democracy Conference April 2012 George Hunter, Complaints Reviewer

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1 The Scottish Public Services Ombudsman Planning Democracy Conference April 2012 George Hunter, Complaints Reviewer

2 The Ombudsman Jim Martin The Scottish Public Services Ombudsman, Jim Martin, was Police Complaints Commissioner for Scotland from the office s inception in 2007 until he became Ombudsman on 1 May He was also the Scottish non-executive chairman of Logica and ran a management consultancy. Jim was General Secretary for the Educational Institute of Scotland from 1987 until 1995 and served as a member of the Scottish Funding Council.

3 Scottish Public Services Ombudsman Act 2002 Councils The National Health Service Housing Associations The Scottish Government Colleges and Universities The Scottish Prison Service Water & Sewerage providers

4 What does the SPSO do? Complaint Handling Investigates complaints from members of the public who have sustained injustice or hardship as a result of maladministration or service failure on the part of an authority within the jurisdiction of the Ombudsman Maladministration Administration failure Failure to provide a service Failure in a service provided Provides an independent, free and impartial way of obtaining administrative justice

5 New role for SPSO Complaints Standards Authority Public Services Reform (Scotland) Act 2010 Model Complaints Handling Principles of complaints handling Model complaints handling procedures (Model CHPs) Listed authority duty to implement Monitor, promote and share best practice

6 Complaints Standards Authority What are we aiming to achieve? One standardised, simplified model CHP for each sector Make complaining easier, simpler and more consistent for the service user CSA centre of best practice Working in partnership with each sector to develop ways of gathering and sharing best practice in complaints handling

7 Model CHPs The Framework Statement of Principles: User focussed Accessible Simple and timely Thorough, proportionate and consistent Objective, impartial and fair and should: Seek early resolution Deliver improvement

8 Complaints review process and structure Two teams Early Resolution and Investigation Both teams decisions carry equal weight ER team - determine if complaint fit for SPSO, light touch investigations, try to resolve where possible Investigation team investigate complaints in more depth Products are decision letters and public reports Either team may issue a decision letter with recommendations spelling out what we consider the listed authority should do Public report decisions can only be challenged by judicial review

9 Decision letters/reports Identify complaint(s) investigated Provide information obtained in course of investigation Will say whether each complaint is upheld/not upheld/no finding May contain recommendations with timescale for implementation Decision letters normally sent to complainant and copied to authority with covering letter May come from Early Resolution or Investigations team Draft public report issued to both parties for comment on factual accuracy prior to publication

10 Recommendations Ombudsman has no power to enforce recommendations but they re not made lightly and there s an expectation that they ll be carried out Applies equally to recommendations in letters and reports Will specify by when they should be carried out Complaints Reviewers follow up to ensure that they are carried out If not, Act gives Ombudsman power to publish special report to Parliament

11 Total contacts by sector

12 Top areas of local government complaints received Housing 343 Planning 241 Social work 226 Finance 122 Education 102 Roads and transport 98 Legal and admin 60 Environmental health and cleansing Building control 50 Land and property 33 54

13 Examples of what can we look into? Failure to publicly provide relevant information of planning application Incorrect or misleading information from planning officials Failing to consider relevant objections to an application (this does not mean that the authority must agree with those objections) Incorrect or misleading information in a committee report Failure to follow the correct procedure when making a decision on an application- for example: Not taking into account the relevant development plan Not taking into account a material planning consideration A local review body not taking into account relevant information when making a decision Failing to consider taking enforcement action against a developer when in breach of planning consent or consent not obtained Handling the complaint poorly or inappropriately

14 More examples of what we can look into! We could also look at a complaint that the Scottish Government s Directorate of Planning and Environmental Appeals (DPEA) didn t act properly, or didn t deliver a service properly (but remember we can t question a decision of the DPEA unless we have evidence that something has gone wrong and we can t change their decision) Incorrect/misleading pre-application planning discussion/consultation

15 What we can t do We have no powers to change the decision of a planning authority or appeal organisation (only the Court of Session can do this) Cannot question a planning authority s decision if there is no evidence that something has gone wrong Cannot deal with the behaviour of individual councillors in planning matters (as this is usually a matter for the Standards Commission) Cannot look into complaints if you have taken, or are taking, legal action Cannot have a member of staff sacked or disciplined We do not make recommendations of compensation Cannot normally look into complaints that are made to us more than 12 months after you become aware of the matter you want to complain about Cannot usually look into complaints that have not been through the authority s own complaints procedure We cannot determine appeals against decision, deemed refusals, the serving of Statutory Notices etc. There are other bodies for this

16 Possible outcomes If we find fault we will try and put things right for you (this is not always possible with planning complaints) We may ask the authority to accept their mistakes and apologise We will try to ensure the same thing does not happen to someone else by: Carrying out a review of their processes Changing their processes Providing training Carry out a review of other cases

17 What the SPSO can do to assist you Advice & Outreach Team provide guidance on what we do, when you can come to our office, leaflets, subject specific information Monthly Ombudsman Commentary on website Website containing all investigation reports Website containing searchable subject specific decision summaries

18 Any questions? For more information: