Local Government (Review of Decisions) Bill
Debate between Penny Mordaunt and Emma Reynolds
Emma Reynolds
The Opposition are not convinced that amendment 2 is necessary. As the hon. Member for Sherwood (Mr Spencer) and the Minister stated on Second Reading, the ombudsman already has the power to recommend compensation. It is true that that happens in only a small number of cases, but given the mechanisms in the Bill to accelerate decisions on health and safety grounds, to provide more transparency, as the Minister has set out this morning, and to provide the opportunity for a review, I think it unlikely that the ombudsman will have to recommend compensation. Indeed, we would regard it as unnecessary in most cases.
In addition, the amendment might increase the amount of any potential compensation to the total costs of holding the event, rather than just the costs that had been incurred up to that point. In our view, that would levy a disproportionate cost burden on local authorities.
Amendment 3 would add parish councils to the list of local authorities that are subject to investigation. That may be a worthwhile addition, but between the completion of the Committee stage on Wednesday this week and today, we have not had sufficient time to think it through or to consult parish councils. We would therefore prefer not to include the amendment in the Bill.
Penny Mordaunt
I thank my right hon. Friend the Member for North East Hampshire (Mr Arbuthnot) for giving us this further opportunity to discuss the Bill.
The local government ombudsman is a valued and respected part of the democratic process. The role of the ombudsman is generally to consider complaints from individual members of the public who consider that they have suffered personal injustice arising from the maladministration of the local authority. The remit of the ombudsman extends to district, borough, city and county councils, as well as to certain other authorities such as national park authorities. Their remit does not extend to parish or town councils for good reason, and I shall touch on that in a moment.
Amendment 2 would give the local government ombudsman the power to compel a local authority to pay compensation when it found that the local authority had acted unreasonably to prevent an event from taking place. It states that the compensation shall not exceed the cost of staging the event, so it is essentially a cancellation fee.
I am concerned that the amendment may do more harm than good. The local government ombudsman may not issue binding decisions; instead it makes recommendations to local authorities, which can include the paying of compensation by the local authority to members of the public who have suffered an injustice arising from maladministration. There is almost total compliance with the recommendations of the local government ombudsman, and making recommendations is central to the way that it carries out investigations. Because the process will not result in a binding decision, the starting point between a local authority and the local government ombudsman is not adversarial, which means that the investigation can progress more quickly and comprehensively than might otherwise be the case.