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Call to strengthen ombudsman powers


A stand-off between the local government ombudsman The Commission for Local Administration in England (The Local Government Ombudsmen) is a United Kingdom governmental institution which has the power to investigate complaints about councils (and certain other bodies[1]) in England.  and Trafford council in Manchester is exposing the limits of the ombudsman's powers and prompting calls for rulings to be made enforceable.

Trafford is refusing to pay the £100,000 compensation recommended by the ombudsman ombudsman (äm`bədzmən) [Swed.,=agent or representative], public official appointed to deal with individual complaints against government acts.  for the family of Carly Wright, a young woman with profound disabilities whose needs were neglected by the council when she was due to transfer from children's services to those for adults. Her parents, Wilma and Peter Wright, have started an e-petition on the 10 Downing Street Downing Street, Westminster, London, England. On the street are the British Foreign Office and, at No. 10, the residence of the first lord of the Treasury, who is usually (although not necessarily) the prime minister of Great Britain.  website, urging that all such rulings be made binding by law.

This is not the first time that Conservative-run Trafford has defied the ombudsman. Last year, it refused to agree to waive To intentionally or voluntarily relinquish a known right or engage in conduct warranting an inference that a right has been surrendered.

For example, an individual is said to waive the right to bring a tort action when he or she renounces the remedy provided by law for such
 repayment of a housing grant it had made to an elderly woman with mental health problems who had been unaware of a change in the rules governing such a clawback Clawback

1. Previously given monies or benefits that are taken back due to specially arising circumstances.

2. A retraction of stock prices or of the market in general.

Notes:
1.
. The ombudsman in the case, Anne Seex, said she was dismayed that Trafford had "responded in what I can only describe as a cavalier cavalier (kăv'əlĭr`), in general, an armed horseman. In the English civil war the supporters of Charles I were called Cavaliers in contradistinction to the Roundheads, the followers of Parliament.  manner to the prejudice of a very vulnerable citizen".

That episode ended with Seex requiring the council to pay for space in the local press in which she set out her findings - the most that the ombudsman can do in the event of a local authority refusing to accept a ruling. Such a step has not yet been reached in the Wrights' case.

Other councils that have rejected ombudsman recommendations include East Riding of Yorkshire
    The East Riding of Yorkshire is a local government district with unitary authority status, and a ceremonial county of England. It is named after the historic East Riding of Yorkshire (one of three ridings alongside the North Riding and West Riding), which also constituted a
     and Blackpool. But Tony Redmond, lead ombudsman, says that while such cases are "extremely disappointing", they are few and far between. More than 17,000 complaints were made against councils in England last year and redress was obtained in 3,000 instances. "We are talking about one or two a year where recommendations are not being implemented."

    Mandatory rulings would risk weakening the investigation process, Redmond argues. "We know that we have to, in a sense, convince the council of the merits of our recommendations and the way they have been evidenced."

    The Wrights' e-petition is at petitions.number10.gov.uk/justiceforcarly
    Copyright 2008 guardian.co.uk
    No portion of this article can be reproduced without the express written permission from the copyright holder.
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    Author:guardian.co.uk
    Publication:guardian.co.uk
    Date:Aug 27, 2008
    Words:346
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