Overview
The complainant (Mr C) raised concerns regarding the Scottish Executive Inquiry Reporters Unit (SEIRU)'s handling of his appeal in respect of a proposed Alteration or Removal of Buildings or Works Order (the Order). In particular, Mr C was unhappy with the actions of the appointed reporter (the Reporter) and the conduct of the corresponding hearing (the Hearing). The specific points of complaint are listed below.
Specific complaints and conclusions
The complaints which have been investigated are that:
- (a) the Hearing and corresponding site visit were not conducted in a proper and fair manner (not upheld);
- (b) SEIRU mismanaged the documentation relating to the Hearing (not upheld); and
- (c) SEIRU did not fully consider Mr C's subsequent complaints (upheld).
Redress and recommendation
The Ombudsman recommends that the DPEA issue an apology to Mr C for the lack of clarity in their responses to his complaints. More generally, she would remind them of the importance of outlining their role and remit to complainants and of providing a clear explanation of what they can and cannot consider. Where they are not able to fully respond to any specific points raised, they should provide details as to why this is the case.
The DPEA have accepted the recommendation and will act on it accordingly.