Local Government (Review of Decisions) Bill

John Bercow Excerpts

Friday 23rd January 2015 Commons Chamber

[Mr Arbuthnot]

I beg to move amendment 2, page 2, line 43, at end insert—

‘( ) For the purposes of this Act the Local Commissioner shall have power to instruct the authority to pay compensation for any costs or inconvenience caused by the authority’s having unreasonably attempted to restrict or block an event.

( ) Any compensation payable under subsection () above in relation to inconvenience shall not exceed the total amount that it would have cost to put on the event.”

[Mr Speaker]

With this it will be convenient to discuss amendment 3, page 2, line 43, at end insert—

‘( ) Section 25 of the Local Government Act 1974 (Authorities subject to investigation) is amended as follows—

( ) In subsection (1) after “(a)”, insert “() parish councils,”.”

[Mr Arbuthnot]

Amendment 2 would allow the local government ombudsman to award compensation in cases covered by the Bill. Under existing legislation, the decisions of the ombudsman on cases of maladministration are not binding on local authorities. The ombudsman can recommend that a council should give compensation, but ultimately it is up to the council to decide whether to do so. When that happens, it is understandable that a constituent who is already aggrieved becomes absolutely infuriated. It was for that reason that in 2008-09 the previous Labour Government held a redress review, which floated the idea of mandatory compensation payments when local public services went wrong. Nothing ever came of that and it was all kicked into the long grass, as, of course, were the previous Labour Government.

Amendment 2 is designed to give the ombudsman an explicit power to instruct a local authority to pay compensation for costs wasted and inconvenience caused by the unreasonable hindering or blocking of an event. Again, the proposal arises out of the report by my noble Friend Lord Young of Graffham, which recommended:

“If it transpires that the local authority officials banned an event without a legitimate reason, the Government should give individuals and organisations a route for redress where they can challenge those decisions and, if appropriate, compensate them.”

It continued:

“If appropriate, the Ombudsman may award damages where it is not possible to reinstate an event. If the Ombudsman’s role requires further strengthening, then legislation should be considered.”

The amendment provides for precisely that compensation.

Lord Young’s recommendation is not contained in the Bill and my probing amendment is intended to discover whether the Government think it might be needed at some stage. My purpose in providing for compensation is not to ensure that local authorities are penalised or put out of pocket, but to ensure that the inhibiting jobsworth behaviour does not happen in the first place.

Amendment 3 would extend the requirement for a review to parish councils. At the moment, the ombudsman cannot investigate parish councils, but they can be just as overzealous as anyone else in applying what they think are the health and safety rules, so why should the legislation not apply to them too?