Douglas Council wrong for banning resident from contacting them

Handling of complaints amounted to 'maladministration'

The Tynwald Commissioner for Administration has ruled that the Chief Executive of Douglas Council shouldn’t have banned a resident in Douglas from having contact with the council.

Advocate Paul Beckett judged that the handling of the man’s complaints leading up to the ban amounted to maladministration.

The Tynwald Commissioner for Administration report centres around the local authority’s application of its ‘Unacceptable Behaviour Policy’ for six months last year.

From April 2023, the complainant, who has not been named, had been asking the council to investigate why there are nine commercial bins at the back of his property, which is adjacent to a pub.

Mr Beckett’s report set out a timeline with several events leading up to the decision, which includes the resident sending 49 emails in a period of four months, bringing a wheelie bin into the council offices and allegedly making ‘offensive’ comments on social media.

In June that year the resident brought a bin into the town hall (the ownership of these is disputed by both parties) which the Chief Executive felt was the ‘catalyst’ for action.

They said the bin was left in the reception area of the town hall to the ‘detriment and hygienic wellbeing’ of staff, and left them feeling ‘vulnerable’.

However, the complainant maintained the bin was empty and staff should understand how his family feels with nine of them behind his property.

Mr Beckett concluded it should not have been a factor because it was not ‘threatening’ to staff, under the policy guidance.

The ‘Unacceptable Behaviour Policy’ says restrictions can be modified which includes contact with only one officer and the individual can also be offered an opportunity to resolve their behaviour.

The complainant said he wasn’t offered the chance to do either of these.

Mr Beckett found someone is only notified of the policy once banned, and posters with general messages asking people not to harass staff provides ‘inadequate’ advice about it.

The TCA concluded comments made on social media could not be considered because they weren’t made on the council’s platform.

Mr Beckett believed they were made in conversation with others and that the council was applying the policy to platforms over which it has no authority.

Mr Beckett therefore determined that the Unreasonable Behaviour Policy wasn’t applied correctly, because there was no ‘threat’ from the evidence he had collected for his investigation – a requirement in the policy.

He says that although he ‘appreciates’ the stress and ‘exasperation’ of the council officers, it’s not enough to amount to unreasonable behaviour.

Mr Beckett ruled that these all amounted to maladministration and Douglas Council has ‘refused’ or ‘neglected’ to take into account appropriate matters and has failed to meet the complainant’s reasonable desire for natural justice.

Douglas Council has been offered the opportunity to respond.

The full report can be found here.