The Ombudsman's final decision
Summary: We will not investigate this complaint about the complaint procedure being used by the Council to investigate Ms X’s complaint. There is not enough evidence of fault in the Council’s complaint handling to warrant investigation. If Ms X is not happy with the result of the investigation, she can bring her complaint about the substantive matter back to us.
The complaint
Ms X said the Council is not investigating her complaint properly. She said it wrote things about her that were not true and told her employer.
The Ombudsman’s role and powers
The Ombudsman investigates 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 or may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council is not using the statutory complaints process because the complaint is about the position the Council has taken in a child protection matter involving Ms X. It can does not have to use the statutory complaint procedure because it is a complaint about the Council’s actions regarding her, not about a service to a child.
The Council should have the opportunity to consider Ms x’s complaint about the substantive matter. If she is still dissatisfied with its response at the end of its complaint process, she is welcome to bring the matter back to us. She would need to do that promptly, which is within 12 months of the Council giving her a final response about the substantive matter.
Final decision
We will not investigate Ms X’s complaint about the type of complaint procedure being used because there is not enough evidence of fault in the type of complaint procedure being used to warrant investigation.
Investigator's decision on behalf of the Ombudsman