The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s response to Mr X’s complaint regarding the conduct of enforcement wardens he witnessed. This is because an investigation would not lead to a different outcome for Mr X.
The complaint
Mr X complained the Council failed to properly respond to the complaint he made about the conduct of enforcement wardens he witnessed.
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: we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council about the conduct and presentation of enforcement wardens he witnessed.
The Council investigated and spoke to the wardens involved. The Council did not initially uphold the complaint but later upheld the complaint based on information Mr X provided.
The Council confirmed the individual involved was made subject to a disciplinary and no longer worked for the Council.
Mr X remains unhappy with the Council's decision and wants us to find the Council at fault. The evidence shows the Council conducted a fair and thorough investigation. The Council has addressed Mr X’s complaint in the manner we would expect. An investigation would not provide Mr X with a different outcome.
Final decision
We will not investigate Mr X’s complaint because an investigation would not lead to a different outcome for him.
Investigator's decision on behalf of the Ombudsman