The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s warning to him about his unacceptable communication. There is not enough evidence of fault to justify our involvement.
The complaint
Mr X complains the Council has blocked his valid complaints and restricted his communication with it. He says the Council has ignored his request for a review of this decision. He wants the restrictions in contact lifted.
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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant.
My assessment
The Council’s Children Social Care team is involved with Mr X and his family. It has written to Mr X to explain why it considers his communication with it unreasonably excessive and unacceptable. The Council has advised Mr X how he can: continue to correspond with the Council when he wants to raise concerns through its Complaints Team; provide details of his concerns about the Council’s service and handling through the stage two complaint independent Investigating Officer; and, still receive updates and information from the Social Worker allocated to his children’s case.
The Council does not appear to have blocked Mr X from communicating with it. The Council is entitled to ask Mr X changes the way in which he communicates with it where it considers his interaction with it excessive and unacceptable. There is not enough evidence of fault to justify our involvement.
Final decision
We will not investigate Mr X’s complaint because these is not enough evidence of fault to warrant us investigating.
Investigator's decision on behalf of the Ombudsman