The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about alleged harassment and the Council’s handling of her complaints. There is insufficient evidence of fault, an investigation would not lead to a different outcome and the Information Commissioner’ Office is better placed to consider a complaint about rectification of records.
The complaint
Ms X complained to the Council that is officers were harassing her and that it had not responded to her complaints. She wants the Council to apologise, respond to her complaints, stop contacting her and rectify its records.
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, or further investigation would not lead to a different outcome, or there is another body better placed to consider this complaint.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
In its complaint responses, the Council set out for Ms X how it had considered and responded to her complaints. In response to her complaint about harassment, it said it has respected her wishes and not contacted her further, as she had requested.
We will not investigate this complaint. Although I accept Ms X is unhappy with the Council’s response to her complaints, I am satisfied it has appropriately considered and responded to her concerns. There is insufficient evidence of fault and it is unlikely an investigation would reach a different outcome.
If Ms X considers there are errors in her records that need rectifying, the Information Commissioner’s Office (ICO) is better placed to consider this complaint. The ICO is the UK regulator for information rights and can consider complaints about how bodies respond to requests to rectify records.
Final decision
We will not investigate Ms X’s complaint because there is insufficient evidence of fault, an investigation would not lead to a different outcome and the Information Commissioner’s Office is better placed to consider a complaint about rectification of records.
Investigator's decision on behalf of the Ombudsman