The Ombudsman's final decision
Summary: Mr X complains about the Council’s handling of matters relating to his business’ listing on the Council’s Buy With Confidence (BWC) scheme. We will not investigate the complaint because it is unlikely we can add to the investigation already carried out by the Council and an investigation is unlikely to lead to a different outcome.
The complaint
The complainant, who I refer to as Mr X, says the Council should compensate him for the emotional impact and financial loss caused to him by its handling of matters relating to his listing on its BWC scheme.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start an investigation if we decide: there is not enough evidence of fault to justify investigating, or any injustice is not significant enough to justify our involvement, or we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome, or we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Mr X, including the Council’s responses to his complaint.
I considered the Ombudsman’s Assessment Code.
I gave Mr X the opportunity to comment on my draft decision.
My assessment
Mr X complained to the Council about matters relating to his business’ listing on its BWC scheme. In responding to his complaint, while the Council acknowledged it should have written to him sooner about his membership and that it should have used a different form of words in relation to an incident that had been reported by a customer, it found its actions to have been proportionate and in line with the scheme’s terms and conditions. It told Mr X that it would not consider his request for compensation.
Dissatisfied with the Council’s response, Mr X complained to us. However, I do not consider an investigation by the Ombudsman would usefully add to that already carried out by the Council and an investigation would be unlikely to lead to a recommendation for compensation as sought by Mr X.
Final decision
We will not investigate this complaint. This is because it is unlikely we can add to the investigation already carried out by the Council and an investigation is unlikely to lead to a different outcome.
Investigator's decision on behalf of the Ombudsman