Summary: We will not investigate Ms X’s complaint about the actions of her personal assistant during a shopping trip. This is because an investigation by this office could not add to the response already provided via the Council’s investigation.

The complaint

1. The complainant, whom I shall call Ms X, complains about the actions of her personal assistant during a shopping trip. Ms X complained her personal assistant insisted on going to a particular shopping precinct where she went into several shops, leaving Ms X outside waiting for her, and left Ms X waiting to use the toilet. They visited the shop Ms X needed last.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We can decide whether to start an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
4. We provide a free service, but must use public money carefully. We do not start an investigation if we decide we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council provided a detailed response to Ms X’s complaint. The personal assistant acknowledged she did some of her own shopping during the outing and apologised to Ms X for this.
8. Due to differing recollections of events provided by Ms X and the personal assistant, the Council was unable to reach a view on parts of the complaint. It explained this did not mean it viewed either party’s account as untruthful.
9. Ms X is dissatisfied with the Council’s response because she feels she was not believed, and this has caused her anxiety and distress.
10. Due to the differing accounts and recollections provided by the two parties, I do not see that an investigation by this office would be able to add to the response already provided by the Council’s investigation. This does not mean I doubt Ms X’s recollection of events.

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Final decision

11. We will not investigate Ms X’s complaint because an investigation by this office would not be able to add to the response already provided via the Council’s investigation.

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Investigator's decision on behalf of the Ombudsman