The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s classification of him as vexatious or its restriction of his methods of contact. This is because any injustice is not significant enough to justify our involvement and further investigation would be unlikely to find evidence of fault.
The complaint
Mr X complains the Council wrongly: classified him under its Vexatious / Unreasonable Customer Behaviour Policy; and restricted his method of contact with the Council.
Mr X says this caused him distress and believes the Council unfairly refused to answer his questions. He seeks removal of the restriction, an apology, and recognition that the Council’s actions were inappropriate.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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
Mr X believes the Council unfairly restricted his contact and failed to answer his questions. The Council explained the restriction followed a prolonged period of excessive, repetitive and inappropriate contact. The decision was taken in line with policy, after warnings, and is reviewed every six months.
The restriction limits only the method of contact and does not prevent Mr X from raising new issues, receiving written responses, or accessing Council services.
We will not investigate Mr X’s complaint because he can still contact the Council, so any injustice is not significant enough to justify our involvement. In addition, based on the evidence I have seen, the Council has acted in line with its policy, and further investigation is unlikely to find fault in its actions.
Final decision
We will not investigate Mr X’s complaint. This is because any injustice is not significant enough to justify our involvement and further investigation would be unlikely to find evidence of fault.
Investigator's decision on behalf of the Ombudsman