Extract from minutes:

Extract from minutes:

COMMISSION FOR LOCAL ADMINISTRATION IN ENGLAND

Minutes of the meeting of the Commission

held at 21 Queen Anne's Gate, London SW1H 9BU

on Wednesday 5 December 2001 at 11.00am

Present: Mr T Redmond (Chairman)

Mrs P A Thomas (Vice Chairman)

Mr J R White

In attendance: Mr R A Harrison

Mr N H Jones

Mr N J Karney

Mr P MacMahon

Mr A L Creech

HANDLING COMPLAINTS FROM COUNCILS WHERE AN OMBUDSMAN HAS A CLOSE PERSONAL RELATIONSHIP WITH SENIOR OFFICER OR COUNCILLOR

CLA 1104 had been circulated. The Ombudsmen reviewed their practice when one of them has a close personal relationship with a member or senor officer of a council in their area. This was prompted by Mr Redmond's declaration of his close personal friendship with the Chief Executives of three London Boroughs - Bexley, Tower Hamlets and Greenwich. (Tower Hamlets was in Mr Redmond's area.) Mr White had also declared that he was a close friend of the newly appointed solicitor for Coventry City Council.

In discussion, the following key points were made:

The Ombudsmen considered that if it became their practice to transfer councils to another Ombudsman's area whenever the Ombudsman concerned had a personal relationship with a member or senior officer of the council concerned, this could cause operating difficulties, inefficiencies and confusion for the public. Councils should as far as possible be allocated to Ombudsmen on a regional basis.

There was sufficient flexibility in the current arrangements to accommodate an Ombudsman's (or Deputy Ombudsman's) personal friendship with council members or senior officers. Where the case was likely to be the subject of a report, the Ombudsman concerned could transfer it to another English Ombudsman, or by agreement to the Welsh Ombudsman. Where the case was unlikely to be the subject of a report, it could be determined by the office's investigative staff without the involvement of the Ombudsman/Deputy Ombudsman.

Coventry CC was the only West Midlands council that had not been transferred to Mrs Thomas' area in April 2001, and so there might be special, operational reasons for transferring Coventry CC to York.

The Ombudsmen AGREED:

To confirm their current practice when dealing with cases where they (or their Deputy) has a close personal friendship with the Chief Executive, member or other senior officer of the council ie not to transfer the council to another Ombudsman's area as a matter of course, but to deal with complaints against the council on an individual basis by eg transferring it to one of the other Ombudsmen or to the Welsh Ombudsman.

To review this practice in six month's time, to ensure that it was not causing the Ombudsmen any particular difficulties.

To consider whether to transfer Coventry CC to Mrs Thomas' area (with consequential adjustments to her own area), when the Commission reviews the April 2001 transfers of areas.