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Tameside MBC publish statement of non-compliance with Ombudsman report

Tameside Metropolitan Borough Council has published a statement in local newspapers stating why it will not be complying with the recommendations of a Local Government Ombudsman report.

In September 2014 we issued a report finding fault with the council which had caused the complainant an injustice, setting out recommendations for remedy. The report was about the payment of top-up fees for a care home.

The council decided not to comply with three of the four recommendations.

Because the council rejected the first report’s findings, we issued a further report in March 2015 calling on the council to remedy the outstanding injustice to the person involved in the complaint.

The council considered the further report, including our recommendations at a council meeting, and again decided not to comply with all the recommendations. 

Because the further report has been rejected, the council has been required to publish a statement in the local press detailing why it will not be accepting our recommendations. The council has had the opportunity to challenge the report through the courts.

About statements of non-compliance

The Local Government Ombudsman was set up to support public accountability of local authorities. The results of our investigations are binding, and a finding of maladministration could only be challenged through the High Court. When we find fault that has caused an injustice, we make recommendations for how to put things right. 

Each year more than  99.9% of authorities comply with our recommendations. Our legislation, however, means we cannot force them to do so, and the ultimate decision on how to remedy an injustice rests with local democracy. 

We will publish a report in the public interest if a council refuses to implement our recommendations, and a further report if the council still fails to put the matter right to our satisfaction. The final stage of the process is that the council must publish a statement of non-compliance to explain to people locally how it has considered our further report and why it has not implemented our recommendations.

 

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