Summary: We will not investigate Mr X’s complaint that the Council’s Environmental Health team did not test apples he was worried may have been contaminated. There is insufficient evidence of fault and Mr X has not been caused a significant enough injustice to justify our involvement.

The complaint

1. Mr X complained the Council’s Environmental Health team refused to test bitter tasting apples he purchased from a supermarket which he was concerned might be contaminated.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we decide:

• there is insufficient evidence of fault, or
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered information and comments from Mr X which includes the Council’s response his complaint.

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Reasons

4. Upon receipt of Mr X’s request to test the apples, the Council’s Environmental Health team explained a bitter taste to apples is unlikely to be the result of contamination by pesticides. The Council decided it was not a good use of its limited resources to conduct tests on the apples.
5. Mr X is unhappy with the Council’s response. He says the Council dismissed a food safety concern and considers he was entitled to a “credible investigation”.
6. It is not realistic to expect the Council’s Environmental Health team to test all food members of the public express concern about. The Council must focus its resources on the areas it considers to be the greatest risk, based on its professional judgement. An investigation is unlikely to conclude fault in the Council’s approach here.
7. I recognise Mr X is disappointed with the Council’s decision. However, this has not caused him a significant injustice.

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Final decision

8. We will not investigate the complaint because there is insufficient evidence of fault and Mr X has not been caused a significant enough injustice to justify our involvement.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman