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Register of potentially violent persons - LGO decision (18 001 943)

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Dear The Local Government and Social Care Ombudsman,

Re, Ombudsman's decision Durham County Council (18 001 943)

https://www.lgo.org.uk/decisions/benefit...

The Ombudsman is obliged to consider all complaints objectively and to make his decision on the balance of probabilities. Clearly the balance of probabilities weighed in favour of the complainant, Mr X, not making the threat (to Council Officer A) to set his two dogs on the enforcement agents if they came to his door and it was serious maladministration to have officially registered him as a potentially violent person.

In public law challenges, the test to be applied in cases involving bias was laid down by the decision in Porter v Magill [2002] 2 Ac 357 in the House of Lords. It came down to a question of;

"whether the fair-minded and informed observer, having considered the facts, would conclude that there was a real possibility that the tribunal was biased".

The way the complaint was dealt with was so manifestly biased that no fair-minded and informed observer, having considered the facts, could possibly have justified reaching any other conclusion in this case.

Why was it not considered more probable that the Council's version of events were false when the Council could provide no evidence of what was said in the phone call, the incident was not reported to the police and the Council said that the video evidence of the enforcement agents’ visit had been deleted?

Yours faithfully,

A Hobloy

FOI Officer, The Local Government and Social Care Ombudsman

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Mandy Cashmore, The Local Government and Social Care Ombudsman

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Dear A Hobloy

 

INFORMATION ACCESS REQUEST – REFERENCE 19/077

 

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Mandy Cashmore, The Local Government and Social Care Ombudsman

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Dear A Hobloy

 

INFORMATION ACCESS REQUEST – REFERENCE 19/077

 

Please find attached my response to your request for information received
on 20 June 2019.

 

Yours sincerely

 

 

Mandy Cashmore

Information and Records Officer

Tel: 0330 403 4734

 

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Dear Mandy Cashmore,

'My response

We do not hold the information you have requested.

If the complainant is unhappy with the decision they would have had the opportunity to request a review through the appropriate procedure.'

Is this because the Ombudsman is biased and a sham?

Yours sincerely,

A Hobloy

Mandy Cashmore, The Local Government and Social Care Ombudsman

I am out of the office until Monday 15 July 2019. 

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Mandy Cashmore, The Local Government and Social Care Ombudsman

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Dear A Hobloy

 

INFORMATION ACCESS REQUEST – REFERENCE 19/077

 

Thank you for your email dated 11 July 2019.

 

If you are dissatisfied with my response to your request for information,
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Yours sincerely

 

 

Mandy Cashmore

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