The Ombudsman's final decision
Summary: We will not investigate this complaint. There is no evidence of fault in how the Council conducted a meeting and we cannot achieve the outcome the complainant seeks. It is not a good use of public resources to investigate complaint handling in isolation.
The complaint
Mr X complains about how the Council dealt with a complaint he made about how the Council dealt with questions from the public during a Council meeting. Mr X says the Council delayed considering his complaint, did not consider several recommendations he made and failed to carry out an independent review of his complaint at stage two its complaints procedure.
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 continue an investigation if we decide: there is not enough evidence of fault to justify investigating, or we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6), as amended, section 34(B)) It is not a good use of public resources to investigate complaints about complaint procedures, if we are not going to look at the issue which led to the original complaint.
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained about how the Council dealt with questions raised by the public during a Council meeting. Mr X provided the Council with several recommendations that he feels should be adopted to improve the process.
The Council responded to Mr X’s complaint at stage one of the complaints process but decided not to progress Mr X’s complaint to stage two of the process as it felt that it could not add to its stage one response.
I will not investigate Mr X’s complaint. There is no evidence of fault in how the Council meeting was conducted, as it was done so in accordance with the Council’s constitution. We cannot achieve the outcome which Mr X wants which is for it to accept he recommendations. It is for council’s and not the Ombudsman to decide what policies are implemented and we cannot make recommendations to council’s when there is no evidence of fault.
I will not investigate Mr X’s complaint about how the Council dealt with his complaint. This is because it is not a good use of funds to investigate complaint handling in isolation when we are not considering the substantive issues raised in a complaint.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault, we cannot achieve the outcome he seeks, and it is not a good use of public resources to investigate complaint handling in isolation.
Investigator's decision on behalf of the Ombudsman