Watchdog clashes with council over compensation

A Yorkshire council has become embroiled in a row with the Local Government Ombudsman after refusing to pay compensation to a resident.

Last August, the watchdog censured East Riding of Yorkshire Council over its failure to give accurate advice about the removal of an agricultural condition on a property.

It recommended the authority should pay compensation for lost value to the property in question, as assessed by the District Valuer, plus £250 in recognition of the time and trouble taken by the complainant.

However the council has so far refused to accept the watchdog's findings or agree the suggested remedies.

The planning authority has claimed there are significant implications for councils about giving advice over the telephone and that if the complainant is unhappy, she should go to court.

The Ombudsman has published a second report into the case, refuting those arguments, and recommending again that the council compensate the complainant.

The watchdog has argued that it would be unreasonable to expect someone in the complainant's circumstances to take expensive legal action.

"There has clearly been maladministration by the council leading to injustice," said the ombudsman.

"The council should accept my report and pay the recommended remedy."

Roger Milne

27 April 2006