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Complaint to Ombudsman after social housing tenant deemed to have sent 'insulting' tweet about neighbour

The Ombudsman received more than 3,600 complaints about public services last year.

COMPLAINTS ABOUT PUBLIC services to the Ombudsman Peter Tyndall rose by almost 10% in 2019, according to his annual report for last year. 

The report, published today, shows that the Ombudsman received more than 3,600 complaints about public services last year, up from more than 3,300 in 2018. 

The largest number of complaints was in relation to services provided by government departments (1,186 complaints).

This was followed by complaints about local authorities (990 complaints), the health and social care sector (708 complaints), and the education sector (219 complaints).

The Ombudsman investigates complaints from the public about almost all providers of public services as well as third-level education bodies, private nursing homes and direct provision services.

Late grant application

In one case study in today’s report, a student from Waterford contacted the Ombudsman when Student Universal Support Ireland (SUSI) refused to accept his late application for a 2018/19 Higher Education Grant.

The student was living with his stepfather at the time and applied as a dependant of his stepfather through SUSI’s online application process. He had technical difficulties completing his application, which was quickly resolved.

However, the student believed he needed the details of his stepfather’s income and information relating to the death of his mother, who had passed away two years previously, to complete the application.

The Ombudsman noted that his mother’s death had been particularly traumatic for the student, and that he had become estranged from his stepfather and could not get the details he thought he needed.

In addition, the student had dyspraxia and depression, and was recovering from operations relating to a tumour on his spinal cord. As a result, he was two months late with his application.

He asked SUSI to accept his late application and pointed to the difficult circumstances he had found himself in as the reason for the delay, but was initially refused.

However, the Ombudsman considered that SUSI should use its discretionary powers to grant the late application, and the body later agreed to do this following the finding.

‘Insulting’ tweet

In another case, a social housing tenant complained to the Ombudsman when Cork County Council said he had breached his tenancy agreement with the local authority.

The council said the tenant had used abusive and insulting language in a tweet that he had sent about a court case involving the owner of a neighbouring property, and that he had published a photo of the owner, without her consent, on a blog.

The tenant explained that the tweet was factual, and that he did not publish the photo. He said that he wanted the allegations removed from his tenancy record.

In response to the Ombudsman, the local authority said there were a number of issues between the tenant and the property owner, including a court case that the tenant had lost.

Following the outcome of the court case, it said, the tenant included a link to details of a different case involving the owner in his tweet and it had received a complaint about him publishing the woman’s picture in his blog alongside details of the court case.

The Ombudsman discovered that the allegations concerning the tweet and the blog had not been put to the tenant in order to allow him to respond before the council decided he had breached his tenancy agreement.

In addition, the council was found to not have a social media policy for its tenants, so the Ombudsman found that the reference to the tweet in the tenancy notification letter was unfair.

It was further discovered that the blog was not run by tenant, and it was unreasonable for the council to assume that he was responsible for the publication of the photograph. 

The council ultimately agreed to remove the allegations from the tenant’s record, and also said it would consider the introduction of a social media policy.

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    Mute Martin McFly
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    May 20th 2020, 12:18 PM

    Bottom of the barrel stuff there. Should be a lesson to anyone , going on social media to complain about someone and posting their private details. Cowardly . Our dead ancestors if they could see us now they’d knock some sense into us.

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    Mute John kavanagh
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    May 20th 2020, 12:20 PM

    @Martin McFly: if we could only go back to the future Marty hey !!!!

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    Mute Johnny 5
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    May 20th 2020, 12:37 PM

    @Martin McFly:

    “The problem with internet quotes is that you cannot always depend on their accuracy.”

    Abraham Lincoln 1864

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    Mute Martin McFly
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    May 20th 2020, 1:15 PM

    @John kavanagh: dead right John. This clown can only “Win or Learn” sadly he’s the type the will do neither

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    Mute Marie Broomfield
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    May 20th 2020, 1:16 PM

    @Martin McFly: By bottom of the barrel you are talking about legitimate complaints which ruled in their favour, in both cases. I hope your comment doesn’t put off other people from rightly making complaints. However the complaint you have a particular problem with will help the council get it right ie, put that social media side of it into future agreements, although i think that could be challenged. What right has the housing authority to tell people what they can and cannot say online when it is legal for them to do so etc. etc

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    Mute D Mems
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    May 20th 2020, 2:40 PM

    @Marie Broomfield: unless its defamatory, then it’s not legal to say it online

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    Mute Martin McFly
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    May 20th 2020, 5:32 PM

    @Marie Broomfield: if I tweeted about my neighbours, shortly after I’d turn around and slap myself. He should be made strip infront of the entire village and laughed at.

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    Mute Lydia McLoughlin
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    May 20th 2020, 12:54 PM

    Whether in the agreement or npt this behavior isn’t acceptable anyway and isn’t allowed on a personal level so I don’t see why he got away with it. Personal lines were crossed regardless.

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    Mute Marie Broomfield
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    May 20th 2020, 1:23 PM

    @Lydia McLoughlin: They “get away ” with it because they can.

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    Mute Jim Buckley Barrett
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    May 20th 2020, 2:47 PM

    Late grant application – Does no one have common sense any more? A quick chat with the student and this would have been resolved.

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    Mute Mary Brennan
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    May 20th 2020, 4:04 PM

    It’s extra care and help that lad needed .hope he’s doing well.

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    Mute Joe Clery
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    May 20th 2020, 4:18 PM

    What a waste of money this obudsman is, if this is the best examples they can come up with.

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    Mute EillieEs
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    May 20th 2020, 6:22 PM

    @Joe Clery: who said they were the ‘best’ examples? It simply gave details of two complaints out of the thousands they received.

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    Mute Tiktok
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    May 20th 2020, 4:47 PM

    Well if it was a pedophile living on the same street. Id tell EVERYONE.

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