Summary: We will not investigate Ms X’s complaint about how the Council responded to her communication. There is not enough evidence of fault to justify investigating.

The complaint

1. Ms X complained the Council failed to respond to her emails, ignored her requests for information and had not made reasonable adjustments for her. She said the Council is discriminating against her based on her disability.

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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 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
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

6. Ms X emailed the Council in July 2024 asking for an email address for the complaints team. She said she needed the email address as a reasonable adjustment. She did not receive a response so made a complaint the following month.
7. The Council responded to that complaint in August 2024. It said it had passed her email to the social work team that she was known too. It accepted it had not sent her an acknowledgement it had done this. It understood the social work team had contacted her. It said there was no intention to discriminate against her or prevent her from accessing the complaint process.
8. We will not investigate this complaint. Although there was a delay in the relevant team responding to Ms X, the Council did process Ms X’s email request. Ms X has made additional complaints to the Council about the conduct of a Social Worker and the Council has responded to this communication. Therefore, there is nothing to suggest it has not made reasonable adjustments for her. There is not enough evidence of fault to justify our involvement.
9. Ms X also made a subject access request to the Council. Any complaints about how the Council dealt with that would be a matter for the Information Commissioner’s Office.

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Final decision

10. We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman