The Ombudsman's final decision
Summary: We will not investigate this complaint about Miss X contact with the Council. This is because there is not enough evidence of fault and the claimed injustice is not significant enough to justify our involvement.
The complaint
Miss X contacted the Council to query her Council Tax charges. Miss X states she received a reply from the Council that was dismissive and patronising in tone. Miss X said this meant the Council had not recognised its duties under the Equality Act 2010. Miss X stated that this caused distress, heighted anxiety, made her feel belittled and undermined.
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 any injustice is not significant enough to justify our involvement. 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
The complaint arises from an email exchange between Miss X and a Council officer, which Miss X said she found patronising and was concerned it did not recognise her emotional needs. The Council has reviewed the correspondence and apologised for any unintended interpretation. It also said it would raise her concerns with the relevant line manager.
The Council also explained how it approaches its use of language in written correspondence. While Miss X found the tone upsetting, I don’t consider that this would constitute as significant injustice. Additionally, given the Council’s replies both during this exchange and subsequently in its complaint replies, there is not enough evidence of fault either.
Final decision
We will not investigate Miss X’s complaint because there is not enough evidence of fault and the claimed injustice is not significant enough to justify our involvement.
Investigator's decision on behalf of the Ombudsman