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Decision details

Complaint Concerning Nuisance Caused by the Use of the Guest House at 70 Green End Road

Decision Maker: Civic Affairs

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Purpose:

Consider Independent Complaints Investigator report recommendations.

Decisions:

The committee received a report from the Director of Environment regarding a complaint concerning nuisance caused by the use of the Guest House at 70 Green End Road. A typographical error was highlight on page 18 of the Officer’s report. The first telephone call from the complainants should have been listed as 17th April 2007 – not 17th September 2007 as noted in the report.   

 

It was noted that a joint internal investigation had been undertaken by the Director of Environment and the Director of Customer and Community Services which had highlighted the importance of an appropriate escalation procedure and the need for joined up working across teams and departments (a ‘One Council’ approach). A new Principal Planning Officer with specific responsibility for enforcement had been appointed and additional training for officers in the Planning Department had been arranged.

 

The Director of Environment reiterated his unreserved apology on behalf of the City Council for the mistakes that were made in seeking to stop the nuisances. It remained open for Mr and Mrs Wisbey to make a complaint to the Local Government Ombudsman (LGO) if they were dissatisfied with any aspect of the Council’s response, including the level of compensation offered. 

 

In response to concerns raised by the Chair regarding the recording of complaints by the Environmental Health Department, the Director of Environment confirmed that all complaints were logged and acted upon, and he felt that an effective complaints process was in place.

 

In response to a question by Councillor Pitt regarding the level of compensation offered the Head of Legal Services confirmed that it was within the remit of the committee to amend the proposed start date. The Chief Executive confirmed that the LGO would look at when the Council should have acted upon the issue, not necessarily when the nuisance started. It was therefore based upon a judgement of the LGO, but the committee could ultimately disagree with this.

 

The committee emphasised that, as the Council should have acted in 2005 when the issue was first brought to their attention, the compensation payment should start from this date. The failure of joined up working across teams and departments was also highlighted as a concern.

 

In response to a question from Councillor Pitt regarding checks on previous complaints concerning temporary accommodation sites, the Head of Strategic Housing responded that, whilst checks were made on the planning status, they were not made on any previous noise or ASB issues. It was acknowledged however that this could be a useful check to include. It was also noted that the Council currently only use 1 establishment in Cambridge and 3 outside of the City. Long term the aim of the Council was to not use Bed and Breakfasts or Guest Houses for temporary accommodation.

 

In response to a follow up question the Head of Strategic Housing confirmed that, whilst the Council were unable to monitor placements by other Local Authorities, they would react to any issues arising as a result. Officers worked closely with colleagues in neighbouring authorities on the use of Bed and Breakfast and other forms of emergency accommodation to encourage that appropriate placements were made

 

In relation to the actions identified to address the complaint (page 5 and 6 of the Officer’s report) the Director of Environment confirmed that an Action Plan, with identified lead Officers and specific deadlines, had been developed.

 

At the request of Councillor Herbert, and with the support of the committee, it was agreed that a report on the implementation of the Action Plan would be brought back to a future meeting. Councillor Herbert also emphasised the need for more support and leverage for the Environmental Health Department where the Council had an interest in a property.

 

The Chief Executive emphasised that, whilst it was important to ensure correct processes were in place, there was a need for the ‘One Council’ approach to be imbedded into all departments.

 

The committee endorsed this approach. 

 

The committee thanked officers for their hard work in addressing the issue.

 

The committee reiterated their apologies to Mr and Mrs Wisbey for the mistakes made by the Council and thanked them for attending the meeting.

 

Resolved (unanimously):

 

       i.          To endorse the actions taken in relation to a complaint concerning nuisance caused by the use of the Guest House at 70 Green End Road.

 

     ii.          In acceptance that the Council should have first acted in 2005, to award a compensation payment of £2000 per year for seven years, totalling £14,000 (+ £250 for time and trouble).

 

   iii.          To endorse the need for a ‘One Council’ approach across all departments of the Council.

 

   iv.          To request that Officers bring a report back to this committee on implementation of the Action Plan, including updates on the issues raised during the debate.

 

 

Report author: Simon Payne

Publication date: 01/10/2013

Date of decision: 19/09/2013

Decided at meeting: 19/09/2013 - Civic Affairs

Accompanying Documents: