Definitions of maladministration and injustice
The majority of citizens who become victims of Council corruption often ponder the questions of what is maladministration, and to a lesser extent, what is injustice? The Local Government Ombudsman (LGO), will only investigate "maladministration causing injustice". The LGO have the power to investigate the way in which a local authority arrived at a particular decision but cannot review the decision itself just because the complainant does not agree with it. The complainant must prove that he or she has suffered an "injustice" as a consequence of a local authority's poor or defective decision-making exercise.
There is no statutory definition of maladministration or injustice. However, the law provides that the LGO must look for maladministration, which includes:
- broken promises;
- delay;
- failure to follow procedures or the law;
- failure to investigate;
- failure to provide information;
- failure to reply;
- incorrect action or failure to take any action;
- inadequate consultation;
- inadequate liaison;
- inadequate record-keeping; and
- misleading or inaccurate statements
Again, there is no fixed definition of injustice but it can consist of:
- financial loss or unnecessary expense;
- hurt feelings, distress, worry, or inconvenience;
- loss of right or amenity; and
- time and trouble in pursuing a justified complaint
Any injustice must evolve from the fault by the local authority, for example:
- delay in carrying out repairs leading to a period of unsatisfactory housing conditions
- delay in processing a housing benefit claim or appeal leading to possession action for rent arrears
- failure to investigate or respond to complaints of noise nuisance causing excessive disturbance
- failure to investigate or respond to complaints of planning control breaches
- recovering an overpayment of council tax benefit while an appeal is outstanding, leading to recovery action by bailiffs.
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