Summary

Mr A and Mr B complained that Welsh Government had failed to use its powers to ensure that Conwy County Borough Council and Denbighshire County Council were taking action to meet the need for accommodation for Gypsies and Travellers as required by the Housing (Wales) Act 2014.  Mr A and Mr B also complained that Welsh Government had failed to deal properly with a complaint they had made about this matter.

Local authorities have a duty to meet the need for accommodation for Gypsies and Travellers.  They are required to identify and assess the need in their area and submit a plan to Welsh Government for its approval.  Welsh Government therefore has a critical leadership role in ensuring that local authorities carry out their duties for the provision of accommodation.

The investigation found that Welsh Government had failed to carry out this role and that its failure to respond to Conwy & Denbighshire Councils had constrained the ability of Conwy and Denbighshire to meet the need for accommodation for Gypsies and Travellers.  This has caused frustration and distress to both Mr A and Mr B, whose accommodation needs remain unmet.  It is also likely that others in the community have been affected, or could be affected, by this failure.

Mr A and Mr B’s complaint was not dealt with in accordance with Welsh Government policy.  Their complaint was wrongly classified as one that could not be considered under the policy.  The time taken to inform them that their complaint was not being considered was excessive.

I recommended that the Welsh Government should apologise to Mr A and Mr B for the failings identified in this report and offer them a payment of £1,000 each in recognition of the injustice caused to them because of these failings.  I also recommended that Welsh Government should inform local authorities of the requirement to continue to take steps to meet need in approved Gypsy and Traveller Accommodation Assessments whilst updated Gypsy and Traveller Accommodation Assessments are being assessed, determine whether to approve the revised Gypsy and Traveller Accommodation Assessments submitted by local authorities and set out a plan for how they will review the Gypsy and Traveller Accommodation Assessment process and monitoring arrangements.  In respect of complaint handling, I recommended that Welsh Government should remind staff who deal with complaints of the importance of responding in a timely manner and ensure that all staff who deal with complaints receive training on its complaints policy and how it should be applied.  Welsh Government agreed to carry out these recommendations.