A COUNCIL has been criticised after workers broke into a disabled pensioners' backyard.

When the man looked out to see three strangers in his yard, he thought at first he was being burgled.

The sub-contractors, on a clean-up of streets in central Middlesbrough had put up scaffolding in the yard to clean the gable end of a nearby house.

They had got into what they thought was the rear of an empty house after forcing the gate - wrecking the lock, bending the bolts and latch, and damaging the wood panels.

The blunder led Local Government Ombudsman Patricia Thomas to find Middlesbrough Borough Council responsible of "maladministration causing injustice".

Mrs Thomas said it reflected badly on the council that it took the local authority nearly 14 months to send the unnamed house owner and his wife a written apology.

Mrs Thomas said she did not believe the council's apology, or offer of £100, adequately compensated the couple for the shock and distress of coming home to find strangers in their yard and the extra distress, time and trouble involved arising from the poor response to their complaint.

She said the maladministration caused the couple shock and distress, while the initial "unsatisfactory" response put the couple to significant extra time and trouble, and prevented them from being able to put the event behind them.

Mrs Thomas found that while some failure to check whose yard and gate it was and seek permission for access might be attributable to the contractor, the council had tobear responsibility for the actions of its contractor in such a situation.

Since the incident, the council has tightened up on its guidelines to contractors, which include agreeing detail and monitoring all contracts with residents, and jointly agreeing programmes for work and appointments.

A council spokesman said: "The problem was caused by a mistake, by a sub-contractor. The council has taken action to ensure this type of incident does not happen again.

"We agreed compensation with the complainant, but are now considering the ombudsman's advice to increase the amount.