The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council has not provided evidence so the complainant can make a claim against the postal service. This is because there is insufficient evidence of fault by the Council. In addition, we do not re-consider complaints we have already decided.
The complaint
The complainant, Mr X, complains the Council will not provide evidence it posted his new bus and is preventing him making a claim against the postal service. Mr X wants an acknowledgment of the Council’s failure and a refund.
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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) We do not re-investigate complaints we have previously decided.
How I considered this complaint
I considered information provided by Mr X and the Council. I also considered Mr X’s previous complaint to us and our Assessment Code.
My assessment
Previous complaint Mr X complained the Council delayed issuing his new bus pass. The Council posted the new pass on 15 January; Mr X’s existing pass expired on 10 February; he contacted the Council on 13 February to say he did not have the new pass and the Council re-sent it on the same day. We did not investigate the complaint because there was insufficient evidence of fault by the Council. We noted the Council is not responsible for delays by the postal service.
Current complaint Mr X asked the Council for proof of posting so he could make a claim against the postal service for the expenses he incurred when he did not have a pass.
The Council said it does not hold proof of postage and it has already dealt with the underlying issue.
Mr X complains the Council will not provide proof so he can pursue a claim. He says he incurred significant expenses and he wants a refund. He has referred to the postal service as being the Council’s contractor.
We will not investigate this complaint because there is insufficient evidence of fault by the Council. Mr X asked the Council for proof and the Council explained it does not have proof of postage. The Council cannot provide Mr X with what he asked for but this is not fault and we could not ask the Council to provide information it does not hold. In addition, the postal service is an independent body and is not the Council’s contractor.
I will not comment on any other aspect of the complaint because it was addressed in the previous complaint for which we have already issued a decision.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council and we do not re-consider previous complaints.
Investigator's decision on behalf of the Ombudsman