• You are here:
• Home /
• Archived /
• Annual Report of the Ombudsman 2000

Annual Report of the Ombudsman 2000

Annual Report of the Ombudsman 2000

24 April 2001

The Ombudsman, Kevin Murphy, has today published his Annual Report for 2000. The Ombudsman reports annually to the Oireachtas, and to the public generally, on the work of his Office and on the issues and cases of interest or concern arising during the year. The full text of the Report is available, in pdf.. and html formats. The main features of the Report are as follows:

o In Chapter Two Kevin Murphy comments on what he sees as serious difficulties arising in the administration of the planning process at local authority level. His concerns arise from the extent and nature of planning complaints received by his Office and the problems encountered in seeking to have complaints resolved in a fair and speedy manner. His experience shows that members of the public are suffering as a result of resources being committed to the processing of the increasing volumes of planning applications at the expense of policing breaches of planning by developers.

He also comments on an on-going issue, which he has taken up with the Department of the Environment and Local Government, relating to Galway County Council which has adopted a policy of replying in writing only to those representations which come from elected members of the Council or members of the Oireachtas on behalf of individuals or groups. As a result of this policy, the Council would not reply to representations from an elected Town Commissioner and prospective County Councillor, from within County Galway, acting on behalf of his constituents and others. In the Ombudsman's view this is an unacceptable policy. It was introduced in an attempt to force constituents to channel their representations solely through Council/Oireachtas members. It is particularly inappropriate to adopt such a policy in the light of the provisions of the Freedom of Information Act, 1997. The Ombudsman's examination of the complaint is continuing.

This chapter also highlights an issue of general concern which arises from a number of complaints from low income families who are tied in to high interest local authority loans and who have no mortgage protection. Mortgage protection was not introduced for local authority mortgage holders until 1986 and was not offered to existing mortgage holders at the time. Crucially they were not told about the introduction of the scheme or advised to try and seek their own cover separately. He cites the example of a family who took out a mortgage of �9,000 in 1981 to be repaid at a fixed rate of 12.5% over 30 years. The husband died in tragic circumstances in 1998 leaving the widow with two young children. By the end of 2000 the loan amounted to �19,987. Over the full period of the loan repayments will amount to �34,578, which includes �25,578 in interest. The Ombudsman has taken the matter up with the Department of the Environment and Local Government.

o Chapter Three deals with the theme of The Ombudsman, the Law and the Citizen - A Values-based Approach in which the Ombudsman explains his approach to complaints which hinge on the interpretation and application of the law by public bodies. He highlights the increasing volume and complexity of legislation which public officials have to administer and the adverse affect caused to individuals where the law is applied in an incorrect or unduly rigid fashion and without adequate regard to the outcome. He comments on his role as an objective arbiter, on behalf of the citizen, who seeks to ensure that the law is applied in a way which does not devalue individuals in their dealings with the State and brings to attention imperfections in the law which have such a result. The chapter contains a number of individual cases which relate to the general theme.

o Kevin Murphy received a total of 5,102 complaints (including invalid complaints) during 2000 compared to 3,986 complaints in 1999. In addition to actual complaints, Ombudsman staff also dealt with 4,441 enquiries from members of the public. Between complaints and enquiries, almost 9,500 people contacted the Ombudsman's Office during 2000.Adding on complaints carried forward from 1999, which totalled 999 , the Office had 3,135 valid complaints on hands for 2000. Of the 2075 complaints concluded in 2000: 460 (22.2%) were resolved; 84 (4%) were partially resolved and in 488 ( 23.5%) cases assistance was provided. In effect, nearly 50% of complainants were better off as a result of having contacted the Ombudsman. As regards the distribution by sector of valid complaints received, 46.3% related to civil service departments and offices, 36.9% involved local authorities, 14.2% related to health boards, and 2.6% to An Post.

o The Report gives details of notices issued by the Ombudsman under Section 7 of the Ombudsman Act. A Section 7 notice is issued to require a public body to provide a response, or information in relation, to a complaint. These notices are issued only as a last resort where co-operation has not been forthcoming on the basis of requests made. In 2000 there were 14 such notices issued - compared to 27 notices in 1999. The Ombudsman is concerned that 11, almost 80% of the notices issued in 2000, related to local authorities.

Individual cases reported on include:

o A complaint against Meath County Council regarding the installation of a pipe across the land of an elderly man. The understanding was that the purpose of the pipe was to cater for surface water run off from the public road only. The diameter of the pipe which the Council installed was larger than that specified in a 1988 Wayleave Agreement between the Council and the landowner. The Council subsequently allowed a housing development of 65 houses to connect into the larger pipe. In addition the houses of two senior Council Engineers who had been involved in the negotiations surrounding the installation of the pipe were connected to the pipe. Furthermore, the developer of the 65 houses also had his own house connected to the larger pipe.

Following a formal investigation the Ombudsman recommended that compensation, in the sum of �30,000, be paid to the complainant by Meath County Council. This amount included redress for a breach of the terms of the Wayleave Agreement, out of pocket expenses, legal fees, distress and inconvenience, and breaches of proper administrative and planning procedures. The investigation found no evidence of impropriety on the part of the Council officials concerned. However, the Ombudsman was concerned that the Council did not have in place adequate administrative procedures for handling infrastructure projects which would allow it to withstand or refute an allegation, however remote, of a potential or perceived conflict of interest between the Council's staff, developers and third parties.

The Ombudsman recommended that the Council put in place appropriate administrative procedures / guidelines for staff who are dealing with planning and infrastructure projects where a potential exists, however remote, of a potential or perceived conflict of interest. The Council accepted his recommendations. o In a case involving the Department of Social, Community and Family Affairs a complainant was awarded a Non Contributory Old Age Pension (NCOAP) of �72.50 per week from 28 May 1999 but he asserted that he should have had an entitlement to Contributory Old Age Pension (COAP). He contended that the Department based its decision on incorrect social insurance records.

Initially the Department said the decision was based on the correct social insurance records. However, when he examined the records in the Central Records Section, the Ombudsman found that these contained additional credited contributions from 1973 to 1985/86 not previously included on the record obtained by the Department's Pension Services Office. The Department explained that the credits were added to the complainant's record after its original decision in 1986 to refuse his pension application. The Department recalculated the complainant's contribution record and this resulted in a reassessment of his entitlements.

As a result the Department awarded a retirement pension, payable from the complainant's 65th birthday, and he was awarded COAP from his 66th birthday. Total arrears issued in the sum of �73,875 made up of �61,588 COAP arrears and �12,287 compensation for lost purchasing power. These figures were net of NCOAP already paid to him. o In a case involving the Office of the Revenue Commissioners the Ombudsman expresses his appreciation for the enlightened and flexible approach adopted by that Office in resolving the complaint. It concerned a scheme operated by the Revenue Commissioners whereby tax relief is available on a vehicle acquired for the transport of persons with disabilities. The foster parents of a profoundly mentally and physically handicapped girl had been granted full tax relief in respect of a motor vehicle which had been adapted to cater for the transport needs of their foster child. Respite care for the foster child was provided by a second person who also applied for tax relief in respect of a vehicle purchased by her for the transport of the girl while she was in her care. This application was refused on the grounds that it was a requirement of the scheme that the recipient of the tax relief be a family member residing with and responsible for the transportation of the person with the disability.

The Revenue Commissioners concluded that its decision to refuse tax relief was correct but, in the particular circumstances of the case, it would allow the tax relief sought on a once-off basis provided the foster parents undertook not to make a further claim under the scheme for two years after the relief was allowed in respect of the respite carer's vehicle. This proposal was acceptable to both parties and the respite carer received a refund of �2,048 in respect of Value Added Tax and Vehicle Registration Tax on the vehicle she had purchased. ***

Further Information: Brendan O'Neill at 01-6785222 , Fax 01-6610570, e-mail: brendan_o'neill@ombudsman.irglov.ie