The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about the Council’s failure to reply to a letter. There is not enough injustice directly caused by this to justify an investigation.
The complaint
Ms X says the Council requested an extension to reply to a letter and then failed to meet the date it said it would reply by.
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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) 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 any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Ms X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X says she sent the Council a letter before claim in November 2023 about education issues. The letter requested a reply two weeks later. The Council instructed solicitors. It wrote to Ms X’s solicitors and said it would reply within three months. Ms X says it then failed to do so. She says this could have potentially caused her more costs. She says it caused her emotional inconvenience and stress.
The injustice caused by this is not serious or significant enough to justify an investigation.
Final decision
We will not investigate Ms X’s complaint because the alleged injustice is not significant enough to justify an investigation.
Investigator's decision on behalf of the Ombudsman