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If someone finds themself in a dispute with a local council, and after an unsatisfactory decision the relevant department says that on such matters they do not have any appeals procedure in place (but refers the matter to one more manager who might unilaterally look at the issue again), is it proper and legal for the council to take decisions in an area for which they do not administer or provide any appeals procedure???

 

Or is it maladministration or some other lapse, to in itself make decisions without offering an appeal procedure? Is it legal and constitutional to run a council department in that way?

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Your comments are too vague to provide advice on!!

 

However, you can complain to the Local Government Ombudsman...

 

http://www.lgo.org.uk/


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Restons MBNA -v- WelshMam

 

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Why are the comments vague? It is specific even if generic:

 

a. Constituent applies for something from the Council.

b. Council refuses without addressing most of the issues raised, and in fact without justifying or supporting or explaining the basis of their decision.

c. Constitutent confirms that the refusal is not satisfactory.

d. Council states in response, it is possible to appeal to another office which will arrange for a hearing before an appeal panel.

e. Constituent requests appeal this but is told that in fact there is no appeals process in place for those types of Council decisions, but possibly one manager may be willing to look at it again (not independent and not a panel).

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Why are the comments vague? It is specific even if generic:

 

a. Constituent applies for something from the Council.

b. Council refuses without addressing most of the issues raised, and in fact without justifying or supporting or explaining the basis of their decision.

c. Constitutent confirms that the refusal is not satisfactory.

d. Council states in response, it is possible to appeal to another office which will arrange for a hearing before an appeal panel.

e. Constituent requests appeal this but is told that in fact there is no appeals process in place for those types of Council decisions, but possibly one manager may be willing to look at it again (not independent and not a panel).

 

It does depend on what was applied for and the laws relating to that request.

 

For example, I wouldn't expect an appeal panel to be held because the council refused to fill in a pothole because it wasn't deemed warranted.

 

But other areas such as education, social services, housing etc may be totally different.


If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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Thanks Welshmam. It has to do with school transport.

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Thanks Welshmam. It has to do with school transport.

 

I can't actually see anything in s509 of the Education Act (which deals with transport) to say that local authorities must have an appeals process, in the same way as for school admissions.

 

However, it appears to be fairly commonplace to have such an appeals panel and many local authorities do have these.

 

Do you have a copy of your local school transport policy? Does it mention anything about an appeals panel in there?

 

If you can't get any joy I would be inclined to write in with a corporate complaint to the Chief Executive and the Cabinet Member for that Service Area (details should be on their website) asking them to explain why you have been denied the opportunity for an independent appeal and also, why such a process appears not to exist, unlike many other local authorities.

 

Best of luck with this....sorry I couldn't provide a definitive answer!!


If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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Thanks WelshMam; your insights have been helpful.

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