The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s response to Ms X’s complaint concerning electro-magnetic field levels. This is because we are unlikely to find evidence of fault by the Council.
The complaint
The complainant, who I refer to as Ms X, says the Council should arrange to measure the electro-magnetic field levels near her home which have caused her tinnitus to worsen. She says it ignored the Equality Act and contravened many tenets of its Citizens Charter.
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 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 Ms X, including the Council’s response to her complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
While it is most unfortunate Ms X has experienced a worsening of her tinnitus, the Council explained in some detail why it will not be taking action. It explained it follows national guidance and relies on the expertise and technical knowledge of the relevant national bodies.
It advised Ms X it had no grounds to take enforcement action against a telecommunications service provider over levels of electro-magnetic fields. It clarified that under the relevant legislation, it is the position of the “ordinary person” which is considered and that in doing so this is not contrary to the equalities legislation as Ms X claimed.
We do not investigate every complaint we receive, and we will not start an investigation if the tests in our Assessment Code are not met. As there is no evidence to suggest fault by the Council in its handling of matters, we will not investigate this complaint.
Final decision
We will not investigate Ms X’s complaint because we are unlikely to find evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman