Overview
The complaint concerned a housing association wishing to lease premises from Inverclyde Council (the Council). The housing association's former Director (Mr C) believed that the Council's handling of the matter was inefficient and unhelpful, resulting in unnecessary financial loss to the association. In addition, Mr C was unhappy with how the Council dealt with the complaint.
Specific complaints and conclusions
The complaints which have been investigated are:
- (a) alleged failure by the Council to act in a timely and efficient manner (upheld);
- (b) alleged failure by the Council to adhere to agreements reached during the complaints handling process (no finding); and
- (c) the Council's complaints handling process was of a poor standard (partially upheld).
Redress and recommendations
The Ombudsman recommends that the Council:
- (i) ensure that Estates staff adhere to the criteria set out within use classes as they relate to the Council's asset base when placing different types of business in suitable locations, while maintaining flexibility where appropriate;
- (ii) draft guidance for Estates staff on regular and documented communication with potential tenants, as well as how to make such communication clear and unambiguous. They should consider including an indication of the approximate timescales for dealing with enquiries, and explicit statements that costs incurred by potential tenants for conducting assessment of suitability of premises are to be borne by the potential tenant, and that pursuing an offer of tenancy from a potential tenant is exploratory and not a commitment on the part of the Council to let a specific property. In addition, the Council should consider whether or not it is appropriate to leave premises keys with potential tenants for an unspecified and indefinite period of time;
- (iii) ensure that in future a jointly agreed record of meetings between complainants and Council staff is made, in particular recording any action points and deadlines, agreements reached, or unresolved matters; and
- (iv) complaints process must be clear on the role of Ward Councillors, in particular that they have no formal involvement in complaints handling. The Council should also remind staff of the importance of adhering to complaints handling timescales and of drawing the complaint to a formal conclusion.
The Council have agreed to the recommendations and put forward proposals on how to address them.