The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to issue the complainant with a Community Protection Warning. This is because there is insufficient evidence of fault by the Council.
The complaint
Mr X complains that the Council issued a Community Protection Warning (CPW) which has caused him distress Mr X wants the CPW rescinded, an apology and a financial remedy.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
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 carried out an inspection of a club where Mr X volunteers and found there to be a deposit of waste. It spoke to Mr X and he told them it would be removed. A further inspection was carried out, but the waste was still present, so the Council issued Mr X with a CPW. The waste was subsequently removed.
I will not investigate Mr X’s complaint. This is because there is insufficient evidence of fault by the Council. It considered relevant information available to it at the time before making its decision to issue Mr X with a CPW. In the absence of any fault we cannot question the merits of this decision.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman