The Tynwald Commissioner for Administration has upheld a complaint against Michael District Commissioners, citing maladministration in how the board handled a land ownership dispute and a subsequent incident that led to damage to a resident’s vehicle.
The case began after a trampoline, which had not been secured, blew across open ground and struck a legally parked vehicle on 13 March 2023.
The trampoline belonged to a serving Michael Commissioner.
In an email dated 16 September 2023, the complainant wrote: “If the circumstances had been different and someone had been in the area… the severity of this incident would have been catastrophic.”
Untethered
The complainant said the trampoline was “left untethered on Michael Commissioner land for some considerable time” and that the board initially denied ownership.
“Land Registry documents clearly show that [the land] belonged to Michael Commissioners,” the complainant said, adding, “The Clerk was made aware of this.”
The Clerk later responded that the Commissioners had “listened to both sides and requested that Land Registry advise further,” and that “a Rectification request was put in to clarify the matter.”
The TCA concluded otherwise.
In the findings, the Commissioner wrote: “Michael District Commissioners were wrong to say that they had never owned the land.”
The report adds: “Their mistake was to allow themselves to believe otherwise,” and that they “failed to investigate the matter properly.”
Ignored
The complainant said that after informing the Commissioners, they were told the incident was “a civil matter between the two of us.”
They said that attempts to request the Commissioners’ complaints procedure were ignored: “I have sent a further email on 31st August 23… again they did not reply.”
Paul Beckett found “incompetence in failing to keep adequate records, and in failing to have regard to available documentation.”
Mr Beckett described “neglect in not removing the items unlawfully left on their land” and “avoidable delay in failing to recognise their responsibilities.”
While the Commissioners argued that the matter was between the complainant and the trampoline owner, the TCA noted: “The trampoline incident occurred on land which the Commissioners owned. That fact alone gave rise to responsibilities on their part.”
Regarding communication with the complainant, the Clerk stated: “The clerk has answered every communication received with promptness, thoroughness and professionalism.”
However, Mr Beckett found this to be inaccurate, writing: “The Clerk’s response to the complaint fell below the standard to be expected.”
Concluding the report, the TCA found that “maladministration has occurred,” and that it had “resulted in injustice.”
He recommended that Michael District Commissioners “write to the complainant, apologising for the maladministration and injustice suffered.”
The board was also urged to review its complaints procedures, improve record-keeping, and ensure public land is monitored appropriately.
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