The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision making on a health and safety matter. This is because there is not enough evidence of fault.
The complaint
Mr and Mrs X complain the Council failed to properly investigate and take action on a serious health and safety incident, causing distress.
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. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by Mr and Mrs X.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council decided to issue a third party with a caution for its failure to report an incident to the Health and Safety Executive. It took this decision in line with relevant law and guidance.
I recognise Mr and Mrs X are unhappy with the Council’s decision. However, it is not within the Ombudsman’s remit to question the Council’s decision where there is no fault in the decision making process. I will not investigate this complaint, because there is not enough evidence of fault to justify an investigation.
Mr and Mrs X also complained about how the Council carried out its investigation. The Council addressed concerns in its complaint response and gave reasons for its decisions and actions. There is no evidence the Council failed to follow any law or policy in carrying out its investigation. There is not enough evidence of fault to justify an investigation by us.
It is not proportionate to investigate concerns about the Council’s complaint handling when we are not investigating the substantive matter.
Final decision
We will not investigate Mr and Mrs X’s complaint because there is not enough evidence of fault.
Investigator's decision on behalf of the Ombudsman