The Ombudsman's final decision
Summary: We will not investigate this complaint about insufficient staffing levels leading to delays in processing Definitive Map Modification Order applications. It is unlikely that further investigation will lead to a different outcome. Nor can we achieve the outcome the complainant is seeking.
The complaint
The complainant, I shall call Mx X, complains the Council has not appointed enough staff or outside consultants to fulfil its statutory duty to decide Definitive Map Modification Order (DMMO) applications within a reasonable time.
The Ombudsman’s role and powers
The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide: further investigation would not lead to a different outcome we cannot achieve the outcome someone wants (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Mx X.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council accepts it is not completing the DMMO applications within a reasonable time. This is fault. However, in December 2018, the Ombudsman issued a focus report “Under Pressure”. This recognises that councils face budget pressures and that delay caused by service request backlogs is a key theme in many of our investigations. The Report says delay does not necessarily mean there is fault by a council. Rather, we will consider whether the law requires councils to act in a set time, what steps a council has taken to explain what is happening and to anticipate and respond to increasing pressures. We will also consider the impact of delay on the complainant.
In this case the Council accepts it has a backlog of applications. So, as above I consider there is fault by the Council in how long it is taking it process the DMMO applications.
However, the Council has explained how it is approaching the outstanding applications. It has 3.8 full-time equivalent members of staff working on its Definitive Map. This includes 2 senior officers responsible to processing DMMO applications and 2 officers supporting the work of senior staff.
Final decision
We will not investigate Mx X’s complaint because for the reasons given above it is unlikely that further investigation will lead to a different outcome. Our role is mainly to look at the way the Council carries out its administrative functions – not to look at its spending priorities which are a matter for the electorate rather than the Ombudsman. We cannot require the Council to recruit more staff to process DMMO applications.
Investigator's decision on behalf of the Ombudsman