Parliamentary and Health Service Ombudsman — correspondence with the family (email)

Sirs/Ma’am, I’m seeking guidance on whether a concern I have may fall within the remit of maladministration by public bodies. The issue relates to a land registration made in 1982 which appears to have been relied upon by courts and enforcement authorities despite there being no definitive judicial determination of ownership at the time, and despite unresolved competing claims. I am not seeking compensation or a ruling on ownership at this stage. I am seeking an independent view on whether administrative process failures may have occurred and whether it would be appropriate for the matter to be examined further. I would be grateful for advice on whether this is something your office can consider, or whether another oversight body would be more appropriate. Regards, Requester

Parliamentary and Health Service Ombudsman, I wish to submit a complaint of maladministration concerning the handling of enforcement and associated administrative processes relating to my family’s former residence and land at Great House Farm (Ty Mawr), Llandough, Vale of Glamorgan, culminating in its demolition in December 1988. This complaint is not a request to reopen any court judgment. It concerns the *administrative conduct of public bodies*, including notice procedures, enforcement execution, and heritage-related decision-making. 1. Defective and misleading notice process I believe that formal notices issued during the relevant period were materially defective, including being addressed to “Mrs Buckler” rather than the legal occupier, Mary Williams. This created a situation where the intended recipient was not properly identified in their correct legal capacity, which I believe resulted in a *loss of meaningful opportunity to respond, challenge, or seek suspension of enforcement action* at the relevant time. 2. Loss of opportunity to contest enforcement As a result of the above notice issues, I believe the family was deprived of a genuine opportunity to take timely legal or procedural steps to prevent or delay enforcement action, including demolition. This constitutes, in my view, procedural unfairness in the administration of enforcement. 3. Heritage and regulatory oversight concerns I also believe that relevant public authorities had knowledge of the historical and archaeological significance of the site, including Roman and early medieval features, but failed to take adequate protective action prior to demolition. This raises concerns of *regulatory failure in the exercise of statutory heritage responsibilities*. 4. Irreversible loss and harm The outcome of these processes was the complete demolition of the property in December 1988, resulting in: – irreversible loss of a long-occupied family home – destruction of potential historical and archaeological material – loss of personal and family property and records I believe this outcome resulted from administrative failings rather than a fair and properly informed process. —————————— 5. What I am asking the Ombudsman to do I am requesting that the Ombudsman: 1. Investigate whether there was maladministration in: – service of notices and identification of the correct legal occupier – execution of enforcement actions – handling of heritage-related responsibilities by relevant authorities 2. Determine whether these actions caused a loss of opportunity to prevent or challenge demolition. 3. Consider whether a finding of maladministration is appropriate, and whether this should lead to: – a formal apology – a recommendation for ex gratia compensation – any further remedial or restorative measures within the Ombudsman’s remit —————————— 6. Supporting material I am in the process of obtaining further documentary evidence via Freedom of Information requests and archival sources, including: – enforcement and court execution records – local authority and heritage body correspondence – any relevant ministerial communications I will provide these as they become available. —————————— I submit this complaint in good faith and seek an independent review of administrative fairness and decision-making, not a reopening of any judicial determination. Regards, Requester [personal passage omitted — not about the farm case]

Dear Requester Bucker Thank you for your email with the subject heading ‘ complaint of maladministration – defective notice, enforcement process, and loss of opportunity (Great House Farm, Llandough). Our remit covers complaints where someone believes they’ve been treated unfairly or received poor service from NHS organisations or from UK government departments and their associated public organisations. If the complaint involves public health services in Wales, this will usually fall under the remit of the Public Services Ombudsman for Wales: https://www.ombudsman.wales/ Similarly, if the complaint is related to how a solicitor or legal professional has handled a case, it is likely to fall under the jurisdiction of the Legal Ombudsman: https://www.legalombudsman.org.uk/ If your complaint is about HMCTS then you will need to complete the full complaints process and provide us with the formal response with an MP’s referral. You can follow the link below for further information on the full complaint process: https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service/about/complaints-procedure If your concerns are primarily about judicial decisions and potential violations of his rights under the European Convention on Human Rights (ECHR). As the Parliamentary and Health Service Ombudsman (PHSO) does not have the remit to investigate judicial decisions, you could consider the following options: 1. Judicial Reviews and Appeals: You will need to seek independent legal advice about the possibility of appealing the decisions or applying for a judicial review. Legal professionals can guide you on the feasibility of further legal action. 2. European Court of Human Rights (ECtHR): If you believe your rights under the ECHR have been violated, you may wish to bring his case to the ECtHR. You will need to review the criteria for applying to the ECtHR at the court’s official website: https://www.echr.coe.int/. 3. Equality and Human Rights Commission (EHRC): The EHRC provides guidance and support concerning human rights and discrimination issues in England, Scotland, and Wales. You can contact them for information or assistance: https://www.equalityhumanrights.com/en. 4. Citizens Advice: For free, impartial advice, you could approach Citizens Advice, which may guide you on your next steps, including accessing pro bono legal services: https://www.citizensadvice.org.uk/. I hope you find this information useful. Yours Sincerely, Anita Eastham Intake Caseworker Parliamentary and Health Service Ombudsman [signature block trimmed]

Ms Eastham, Thank you for your reply. I believe there has been a misunderstanding regarding the nature of my complaint. I am not asking the Parliamentary and Health Service Ombudsman to review judicial decisions made in the Great House Farm litigation, nor am I seeking an investigation into the merits of the original court proceedings. My complaint concerns alleged maladministration by HM Courts & Tribunals Service in its present-day handling of my complaint, including defective complaint handling, inaccurate statements regarding court records, failures to investigate apparent inconsistencies, and the resulting loss of my opportunity to pursue appropriate remedies. Your email states that complaints about HMCTS fall within your remit once the HMCTS complaints procedure has been completed and an MP referral has been obtained. That is precisely the route I am following. Accordingly, I would be grateful if you could confirm that, once I have exhausted the HMCTS complaints process and obtained the required MP referral, the Parliamentary and Health Service Ombudsman will consider my complaint insofar as it concerns administrative failings by HMCTS, rather than the judicial decisions themselves. I would appreciate confirmation that this is the correct procedure. Also feel free to call to discuss as this is a collosal and complex case. I’m assembling a website with a chronological timeline and I’ll place the supporting evidence I find on it. Including my last year of FOI’s. We can always revisit this as we near to my evidence and claims being legally adjudicated. I just want other departments and agencies to co operate beforehand which might be better than afterwards. As you might have a completly different opinion about the case with the evidence before you. I actually appear to be in receipt of a lot of evidence the state doesn’t and vice versa. Which is why I am seeking cooperation, so as we can collectively fill in the mysteries of this whole case. Yours sincerely, Requester [personal passage omitted — not about the farm case] [quoted text trimmed]