The Ombudsman's final decision
Summary: We will not investigate Mr C’s complaint about letters he received from the Council which caused him distress. This is because there is not enough evidence of fault to justify an investigation.
The complaint
Mr C complains that after raising legitimate concerns about a local issue, the Council sent him a letter which left him feeling bullied, threatened and intimidated. Mr C says this letter and the response to his complaint include allegations which are nothing to do with him. Mr C would like the Council to: consider his complaint properly; apologise; and, reassure him this will not happen again.
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))
How I considered this complaint
I considered information provided by Mr C.
I considered the Ombudsman’s Assessment Code.
My assessment
The letter Mr C complains about was a general letter delivered to residents on Mr C’s road. In this letter and in response to Mr C’s complaint, the Council has referred to incidents in the local area which the Council says it will not tolerate.
But, the Council has made it clear it has not accused Mr C of any offence or unacceptable behaviour. The Council was entitled to raise these concerns with local residents. So, there is not enough evidence of fault to justify an investigation into Mr C’s complaint.
Final decision
We will not investigate Mr C’s complaint because there is not enough evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman