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Part of Butterworths 'Law in Context Series', this is a description and evaluation of the UK public sector ombudsman system, focusing on the Parliamentary, Health Service and Local Government ombudsmen in England. It also covers the public sector ombudsmen in Scotland, Wales and Northern Ireland.
These are the reports of two cases which were jointly investigated by the Health Services and Local Government Ombudsmen,, both of which involve the provision of services by local council and by NHS trusts and both, to some extent, concern the actions of staff working in mental health services. The first involved Enfield Council and Barnet, Enfield and Haringey Mental Health Trust & Barnet and Chase Farm Hospitals NHS Trust. The other case involved Havering and the North East London Mental Health Trust. Neither case was upheld in respect of the Councils though partly upheld in respect of North East London Mental Health Trust
The Communities and Local Government Committee calls on the Local Government Ombudsman (LGO) to raise its game significantly. To deliver its role as independent arbitrator in disputes about unfair treatment or service failure by local authorities, the Local Government Ombudsman must tackle operational inefficiencies rapidly and conduct its own activities with credible effectiveness. The LGO must implement the changes identified by the recent Strategic Business Review. The LGO management's rationale for not publishing the 2011 Strategic Business Review in full was unconvincing and suggests there may be insufficient appetite for change within the LGO. The LGO must explain which findings from the Strategic Business Review will be implemented in full and in part, and provide a timetable for this. It also needs to set out the arrangements and timetable for appointing the new Chief Operating Officer (and their responsibilities). In future the LGO must be completely clear with all parties about the criteria it applies in order to determine whether cases are assigned to be resolved through a mediated process to achieve redress, or are allocated for full investigation and formal determination. Likewise the LGO must be transparent about the procedures that apply when any case is moved from one process to another - such as when mediation fails. The Government must explain how it will monitor the implementation of reorganisation at the LGO. An annual, independent staff survey should be reinstated at the LGO with results published.
This book deals with some of the central issues connected with the current debate about how to make public services responsive to consumers. These issues form a significant aspect of the so-called citizen's charters which have been prepared by all three main political parties and which will be prominent up to, during and after the next General Election. It is based upon an empirical study of grievance and complaints about local authority services, and how these are dealt with, in an authority reputed to have a good complaints procedure. The study of procedures in a good authority enables recommendations to be made which will help all authorities to establish procedures which are more responsive to the needs of citizens.
Government and Information: The Law Relating to Access, Disclosure and their Regulation is the leading text offering comprehensive and practical advice on the access, disclosure and retention of government records under UK, EU and ECHR requirements. It is essential reading for all those dealing with public authority information. The fifth edition is extensively revised following numerous developments in both UK and EU law as well as the ever expanding case law on information rights under statutory, Convention and common law provisions. Legislation: Justice and Security Act 2013; Crime and Courts Act 2013 (s 34 in relation to press standards following Leveson); Re-use of Public Sector Information Regulations 2015 Investigatory Powers Bill 2016; Environmental Information Regulations 2004; General Data Protection Regulation 2016; Key cases since the last edition include: Evans v Attorney General [2015] UKSC 21 - the SC ruled that the Attorney General had acted unlawfully in issuing a veto preventing disclosure Kennedy v Charities Commission [2014] UKSC 20 - Supreme Court extended the ambit of the common law in relation to access to information and transparency Case 362/14 Schrems [2015]) - involving data transfer to the USA PJS v Newsgroup Newspapers ltd [2016] UKSC 26 – developing the law of personal privacy
A Handbook of Dispute Resolution examines the theoretical and practical developments that are transforming the practice of lawyers and other professionals engaged in settling disputes, grievance-handling and litigation. The book explains what distinguishes ADR from other forms of dispute resolution and examines the role ADR can play in a range of contexts where litigation would once have been the only option, such as family law and company law. In some areas, like industrial relations, ADR is not an alternative, but the main method of conflict-intervention, and several contributors draw on their experience of negotiating between management and unions. A wide variety of methods is open to the non-litigious, including resort to Ombudsmen, negotiation, small claims courts and mini-trials; these and other options receive detailed attention. Given the newness of ADR as a discipline, questions about the training of mediators and about the role of central government have not yet been resolved. The final section of the book is devoted to discussion of these issues. Case studies are drawn from the international arena - examples from China, Canada, Australia, Germany and North America place ADR in a cultural and historical perspective.