The Ombudsman's final decision
Summary: We will use our discretion not to investigate this complaint about a fraud investigation because it is on-going. We will not investigate the complaint about reasonable adjustments because the Council will re-consider the complaint.
The complaint
The complainant, Mrs X, complains about a fraud investigation. She also complains the Council has not responded correctly to her request to use Relay UK as a reasonable adjustment.
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. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
I considered information provided by Mrs X and the Council. This includes the complaint correspondence. I also considered our Assessment Code.
My assessment
Mrs X complains about a fraud investigation the Council is doing. I will not investigate this part of the complaint because the investigation is on-going and it would not be appropriate for us to be involved during an active investigation. Mrs X could make a new complaint when the investigation has ended.
Mrs X complains about the Council’s response to her request to use Relay UK as a reasonable adjustment. In response to the complaint, the Council said there was no evidence of an inappropriate response to these requests. But, in response to my enquiries, the Council said it would welcome the opportunity to reconsider the complaint, not least because there were some miscommunication failings after the Council signposted Mrs X to us.
I will not investigate this part of the complaint because it is reasonable for the Council to reassess the complaint and Mrs X can contact us again if she remains dissatisfied with the Council’s further response.
Final decision
We will use our discretion not to investigate this part of the complaint because the fraud investigation is on-going and because the Council will re-assess the complaint about reasonable adjustments.
Investigator's decision on behalf of the Ombudsman