Better results can be achieved by referring a matter to the Local Government Ombudsman than by using the courts, says Tony Redmond


Why are lawyers apparently reluctant to use the Local Government Ombudsman (LGO)? In recent years, much emphasis has been placed on the role of alternative dispute resolution in its many guises - mediation, arbitration, conciliation. A complaint to the LGO can be seen as part of this approach.



Mediation often smacks of compromise and this may not sit comfortably with a solicitor's duty to achieve the best for his or her client. But in practical terms it may be the most effective route for your client. A complaint to the LGO can often achieve more than could be achieved through court action. Last year, 27% of the complaints we investigated ended with a positive outcome for the complainant - be it compensation, an apology or clear action to resolve a problem - and changes to practices to ensure similar events did not occur again.



It is an important decision, and sometimes a difficult one for lawyer and client. In many cases, the two options are mutually exclusive. Once you have issued proceedings against the council on behalf of your client, the LGO cannot investigate a complaint covering the same issues.



So why refer a matter to the LGO rather than pursue the council through the courts? Sometimes, a complaint to the LGO might be more appropriate where the problem is not necessarily a legal issue but an administrative matter, such as the council giving your client incorrect information, or taking too long to process an application. An examination of the files by the LGO can often clarify what happened and lead to a satisfactory solution.



A very real factor is whether your clients have the means to pursue a remedy through the courts. The tight time limits dictating judicial review applications may also reduce your client's options.



Inevitably, the issue of costs arises. The LGO recognises that more and more complaints cover complex issues and require a legal input. And many vulnerable complainants would be unable to progress without help and support, as well as a knowledge of the way the public sector operates. In these circumstances, if the council was at fault and the complainant was personally affected by its actions, the LGO can - and does - recommend the council pays your reasonable legal costs incurred in pursuing the complaint.



In many cases, whether to involve the LGO is not an either/or decision. Making a complaint to it may sit comfortably alongside legal steps taken for a client on a different but related issue. For example, challenging a homelessness decision in the county court can be run alongside a complaint to the LGO about housing benefit, which may have a significant impact on your client's housing situation. Sometimes, litigation may not be involved at all. For example, when preparing a will for an elderly client, you could pursue a complaint to the LGO about a lack of social care provision or failures in a nursing home.



A relatively small percentage of the complaints we receive are from solicitors, yet we know from our monitoring that many complainants hear about our service from their solicitors, and many are more likely to complain if they have the support of their lawyers. In all the situations described above, we would encourage you to consider submitting a complaint to the LGO. Our annual digest of cases gives examples of where a complaint to the LGO has led to a very beneficial outcome for the complainant. (www.lgo.org.uk).



l The LGO is running CPD-accredited half-day seminars in London, Manchester and Birmingham on using the LGO's service. Contact Helen Reay on 020-7682 0008 or h.reay@lgo.org.uk for further information.



Tony Redmond is the Local Government Ombudsman, and chairman and chief executive of the Commission for Local Administration in England