The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s response to an accident at work. Further investigation would not lead to a different outcome, and we cannot achieve what Mr X wants.
The complaint
Mr X was unhappy the Council failed to properly investigate the circumstances of an accident at work he was involved in. He said its conclusion was wrong and this means he was found to be at fault.
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: further investigation would not lead to a different outcome, 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.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X was involved in an accident at work as an employee, and the Council investigated the circumstances under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013. Mr X was unhappy with the outcome of the Council’s investigation.
We will not investigate this complaint. The Council has investigated and provided Mr X with the outcome. It has also responded to his queries about this matter and provided explanations about how it reached its conclusions. On the evidence I have seen, further investigation would not lead to a different outcome.
Additionally, Mr X wants an investigation, in order to identify whether his employer was responsible for his accident or whether it provided him with a safe place to work and we cannot achieve this.
In the circumstances, it would be appropriate, for Mr X to use his court remedy to pursue a civil claim to achieve what he is looking for.
Final decision
We will not investigate Mr X’s complaint because there is no worthwhile outcome we can achieve.
Investigator's decision on behalf of the Ombudsman