The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint that the Council wrongly put him on its Violent and Threatening Behaviour Register. The Council has already apologised which is suitable to remedy any injustice caused.
The complaint
Mr X complained that due to a case of mistaken identity the Council placed him on its Violent and Threatening Behaviour Register. Mr X said this caused him distress and his reputation has been damaged.
Mr X also complains the Council breached his Article 6 of the Human Rights Act 1988 which relates to a fair trial under the Human Rights Act.
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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Following an incident, witnesses identified Mr X as being the perpetrator of intimidating behaviour towards an elected representative of the Council. As a result, the Council wrote to Mr Z and said it had added him to its Violent and Threatening Behaviour Register.
Mr X challenged this decision and after re-examining the evidence, the Council concluded there was insufficient proof that Mr X had been present. It apologised for the mistake and said it would review its Violent and Threatening Behaviour Policy in light of what happened.
We will not investigate this complaint. The Council apologised for its mistake and has said it will review the policy. These actions are appropriate to remedy any injustice experienced by Mr X. Further investigation by us would not lead to a different outcome.
The Council’s response to Mr X’s complaint demonstrates it had due regard to his human rights. If Mr X believes them to have been breached, the courts are best placed to determine this.
Final decision
We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman