The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to use publicity material. It is unlikely we would find fault and we cannot achieve the outcome Miss X is looking for.
The complaint
Miss X said the Council was wrong not to have used publicity material to promote a job support scheme it ran, which she was involved with. She said the Council’s decision has caused her 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, or we cannot achieve the outcome someone wants.
(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 I considered the Ombudsman’s Assessment Code.
My assessment
Miss X said the Council was wrong not to have used publicity material, she helped with. Miss X said this material would have helped promote job support for people in its area, who had disabilities. She said the material she helped to create was part of this support for her personally.
The Council provided Miss X with its reasons for deciding not to use the publicity material. It said, while it had decided not to use the promotional material, it would continue to provide Miss X access to its services.
Given the Council’s reply on the issue, I am satisfied if we were to investigate, it is unlikely we would find fault it decided not to use the publicity material. It said this was because it was concerned about how that message may be perceived by others.
Miss X wants the Council to re-instate the publicity material and we cannot achieve this as an outcome for her.
Therefore, given these reasons we will not investigate.
Final decision
We will not investigate Miss X’s complaint, because it is unlikely we would find fault and we cannot achieve the outcome she is looking for.
Investigator's decision on behalf of the Ombudsman