South Holland District Council found at fault over market stalls decision by ombudsman
South Holland District Council has paid £600 in compensation to a market trader who had to leave after the decision to make traders bring and erect their own stalls.
The council was also ordered to reconsider whether the trader, whose identity has not been revealed, was entitled to a discretionary Covid small business grant.
It comes after the Local Government & Social Care Ombudsman ‘found fault in the council’s decision making and complaint handling’.
The council has come under repeated fire after deciding it would no longer provide the framework of stalls to traders.
The decision was initially made as a temporary measure for safety reasons subject to consultation when the market was to reopen in 2020 after coronavirus lockdowns. The decision has never been changed.
The trader who complained said she could not put up her own stall due to a health condition.
She also challenged the decision to deny her a discretionary grant.
The ombudsman found: “The council at fault as it did not have due regard to its public sector equality duty.”
It recommended the council provide the trader with:
- A written apology
- Pay £500 for distress and uncertainty
- Pay £100 for the time and trouble in bringing the complaint
- Reconsider the grant application and pay an equivalent amount if she would have been entitled to it.
The ombudsman also recommended the council provide training or guidance to staff over handling complaints in line with policy, take account of the ombudsman’s Good Administrative Practice Guidance and give due regard to the public sector equality duty in decision making.
In addition it was advised to undertake an Equality Impact Assessment on its decision to stop setting up stalls.
A council spokesman told the Spalding Guardian: “The council has accepted the findings and has carried out the recommendations in the report.”
Market trader Dan Twaite said he thought the market would be more vibrant if stalls were provided again but doesn’t expect a u-turn from the council.
He said: “It’s so much easier to just have to put a sheet up than a whole stall especially when it is raining.”