{{{MALADMINISTRATIONS
BY COUNCIL AND THE LOCAL GOVERNMENT OMBUDSMAN}}}
My
treatment from Stevenage Borough Council’s Environmental Department & the
LGO has been unfair, unjust and appalling!!!
Moreover, they have violated my human and civil rights!
I'm a
70-year-old male and been fighting with neighbour HMO property owner/Stevenage
Borough Council & the Local Government Ombudsman for Justice and my (basic)
human rights since November 2015.
It is
regarding (5) heavy hydraulic-spring fire doors, plus (1) extra main
entrance/door fitted in a prefabricated, substandard 3-bedroom house not
suitable for HMO/heavy fire doors. 2 of
these doors – (1 fire door and the extra main entrance/door) fitted only 1
meter away from the very thin party wall that divides us. The council's EH officer did a biased,
covered up investigation of the fire doors noise. Because I knew the outcome and decision of
the investigation were biased (in favour of the HMO property owner), I then
escalated my complaint to council’s stages 1, 2 & 3 investigations, where
officer's manager supported the officer.
At the
early stage of the investigation, I believed the officer was also being
spiteful towards me because I complained about her not taking my complaint
seriously, not carrying out the noise investigation quickly, and the biased way
in which she was handling the investigation.
Therefore, I requested a different officer to carry out the
investigation because I did not trust the appointed officer to come to the
right decision - because of her words...attitude...and lack of importance of
dealing with my complaint, but my request was refused. It has now proven my fears were right because
the officer did exactly as I thought - covered up all aspects of the noise
investigation. In addition, I went on
the local Radio Station to air my problem and frustration regarding the HMO and
the Council's EH Officer’s attitude towards the investigation. Furthermore, because of a statement made in a
letter from the Council, I believe they wilfully refused to tackle noise. Moreover, my own knowledge, and understanding
from another HMO source…the council will cover up any noise and would not do
anything because they benefit from HMOs, because HMOs are the new form council
houses/tenants to justify the lack of proper council accommodations not being
built - hence the cover up.
The
Council/EH officer informed me; 1st recording of noise too quiet and not
admissible. So, I requested a 2nd
recording…(that would have been recorded louder) but officer and her manager
claimed the recorder broke down.
Subsequently, after officer listened to noises physically…the officer
claimed; noise not statutory nor loud, and do not see why Council or HMO
property owner should spend money to fix noise because of officer
professionalism, expertise and hearing…noises not statutory nor loud.
I am
amazed, that this “so-called” EH officer (“supposedly” an expert in ordinary
domestic noise and fire doors noises, just by listening to them) did not know
how I can hear fire doors noises on the first-floor hallway and bedrooms of my
house, coming from the ground floor in HMO neighbour’s house; but yet, this
officer is an expert and a professional!!!
How can that be??? However, when
she had physically listened to noises from my first floor, she definitely heard
them for herself! Moreover, there are other
aspects of officer’s professionalism and expertise that is questionable,
because of other comments...she made to me, (I have recorded on another page I
hold). In addition, there was no
recording to substantiate officer and her manager claims, that noise is not
statutory nor loud. I also learnt that
council recording equipment was not suitable to record fire doors noise (that
sounds like Sonic Booms). In addition,
according to the officer’s colleague (the recording engineer), that they have
never in history recorded fire doors noise before and that I was the
first. These noises are so loud and
heavy that sometimes vibrates the party wall and can be heard ‘loudly’ (with
all room doors closed) over the entirety of my 'large' 3-bedroom house. But yet; this officer claimed they are not
loud! Lies!!! Moreover, I asked officer; can you live here,
or in your own house with that level of noise coming from your next-door
neighbour you are expecting me to live with?
The officer refused to answer. In
addition, I also believe my 6 weeks diary recordings were ignored.
However,
officer assured me that she will ask the property owner to adjust closures on
all fire doors and will return in a week to see if property owner
complied. However, a letter from her manager
stated; she asked the property owner to adjust ‘only some’ of them and had
returned to the property to check owner had complied and noise has been
stopped. Officer claimed, noise been
“significantly” reduced, but the officer did not return to my own property to
substantiate this. Moreover, as you can
see; the officer did not keep her promise to have all fire doors adjusted!
Subsequently,
I escalated my complaint to the Local Government Ombudsman regarding the
council failure and negligence of not dealing honestly with the HMO fire doors
noise situation. However, my
experience...have shown me; the LGO could not be an independent organisation,
as claimed... They seemed to act as the
council's Lawyer in the way in which they agreed and defend them - 100%
throughout their ‘biased’ investigation.
I am
shocked and very disappointed with both Council/LGO (biased and unfair)
investigations outcome, and I am still suffering from agony, stress, anxiety,
high blood pressure, mild stroke and hospitalised, all because the council
forced this HMO situation upon me. It is as though they have put a loaded gun
to my head and waiting for it to go off!!!
As you all
know; the whole system is stacked against us 'Mere Mortals' - people like me
and others in similar situations, there is no justice for us, and nothing we
can do about it! The councils and the LGO can do as they please and get away
with it because they know we are helpless against them! Moreover, the fact that they breach our Human
Rights do not matter to them. They like
to talk Human Rights, but in practice, they ignore it when it comes to their
unjust, unfair and inhumane acts.
The LGO
investigator final decision wasn't any different from their draft decision...in
spite of all my evidence I submitted in support of my complaint; they were
ignored because investigator already made her mind up with her draft decision
to defend and support the council. Moreover, the LGO investigator treated me
with contempt too - by not contacting me for evidence to support my complaint
before she started the investigation against the council. In addition, when the
investigation had finished, the LGO officer did not contact/inform me.
I informed
the council and the LGO regarding the non-suitability of the property for HMO purpose
(which the council already knew about) but neither the council nor LGO did not
accept it in support of my complaint. The council is at present renovating
these same (prefabricated substandard) styles of houses (that are still council
own) to meet the proper environmental standard.
The LGO
informed me that the only way I can challenge its decision is in the High
Court. And if I loose they will take me
for what I have got! Why should I have
to stand the expense to take council/LGO to court when it is their maladministration
that has caused my situation?
In
addition, with no legal aid and the cheapest solicitor fees at: £500 for 1/2hr consultation
and £250p/hr in court. How am I going to
afford that on my pension? Or, I would
have to sell my property to pay for the court proceeding. But, there is another problem right there; I
am unable to sell my property because of the (still) fire doors noise.
I have a
copy of a letter from my GP regarding my health and the effect the noise is
having on me, which I delivered to the council's chief executive, but of
course, it was ignored. In addition, my
GP also referred me to the wellbeing service, and as a result, I have been
referred for counselling.
I am sure
you and anyone else who reads about my experience will see that the whole
affair between HMO/Council and the LGO is political…, profiteering, saving
money, and ‘definitely’ a conspiracy!!!
Before the
HMO moved in, I had my property on the market for sale because I wanted to
downsize. However, when the HMO moved
in, I had to take it off the market because of the extent and severity of
noise. Now all the investigation has
failed me, I have no alternative left now than to put it back on the market
hoping I can sell it. However, I am
struggling to sell, because, there are questions being asked by buyers
regarding the legitimacy of a substandard…letter from the council to support
their claim, that noise is reduced "significantly". But the letter was written in a way…only to
cover the council, because the additional statement I asked to be included in
the letter to give buyers the confident and assurance that the noise was
reduced, were omitted. Therefore,
because the Council/LGO did not do anything positive to stop the noise, it
looks as though I will be unable to sell my property also.
So,
council’s EH officer claim noise not statutory nor loud, LGO covered and
supported the council 100% (where I did not matter). Moreover, I am unable to sell my house - not
even to get away from the HMO fire doors noise!
So, tell me what am I supposed to do now? Should I just kill myself? Because it seems it is the only way I am
going to get away from this HMO (5+) fire doors noises.
A damning
report regarding Councils and the LGO came to my attention recently (after I
had drafted this letter).
https://www.publications.parliament.uk/pa/cm201012/cmselect/cmcomloc/writev/lgo/lgo11.htm
- (true to my own experience).
Therefore, this is why I did not stand a chance in Hell against
Stevenage Borough Council!!! It seemed
these practices have been going on for a very long time, and no matter
whichever political party is in power, they are all in it together. And it is obvious that none of them is going
to do anything to help me nor stop these practices to give us ‘Mere Mortals’ a
chance of winning against councils for their crooked ways and
maladministration!
All this thing about council’s regulations…they are neither
here or there! Because, I am sure you
know as well as I, they are broken and use in favour of the council and its
HMO, and for those whose faces fits. I
know the whole aspects of my situation with the HMO, Council, LGO, their
corruptions and dishonesty stops squarely with the government. Therefore, as government minister I know you
have the powers to act and can take 'positive' action to get me out of this
situation that Stevenage Borough Council has inflicted upon me. But will you do it??? Well, it remains to be seen!