The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint about how the Council used taxpayer’s money for services in its area. This is because it affects all or most of the residents of the Council’s area, and the law says we cannot investigate.
The complaint
Mr X complained about the Council’s: use of taxpayer’s money. Mr X cited several examples of the Council misusing public funds such as paying for a taxi for a foster child to attend school; and response to his complaints.
Mr X said the matter caused him frustration and distress.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), 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 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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We cannot investigate Mr X’s complaint about how the Council used public funds. The allocation of funding and the use funding by the Council affects all or most of the population in the Council’s area. Therefore, we cannot investigate this complaint.
Mr X also complained about the Council’s complaints handling. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue. Therefore, we will not investigate this complaint.
Final decision
We cannot investigate Mr X’s complaint because it affects all or most of the residents of the Council’s area.
Investigator's decision on behalf of the Ombudsman