Summary: We will not investigate this complaint about negative information Mr B said the Council recorded about him. Any injustice is not significant enough to justify our involvement.

The complaint

1. Mr B complains the Council has treated him badly and has bullied him. He says it has information about him in its records which damages his reputation. Mr B says the Council does not listen to him and will not work effectively with him. He also complains the Council will not find an advocate to support him. Mr B says the issues make him feel vulnerable and distressed. As an outcome he wants the Council to listen to him and for it to clear his name.

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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
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is no worthwhile outcome achievable by our investigation.

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

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How I considered this complaint

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

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My assessment

5. Mr B complained to the Council about information he believed it held in its records which referred negatively to his behaviour and damaged his reputation. He also complained about the lack of support from the Council. The Council responded to the complaint and said its officers had supported him over several years to discuss his concerns. It confirmed it did not hold any information in its files or records which could damage his reputation or name. The Council also told Mr B the police had confirmed the same.
6. The Council also told Mr B it could not provide an advocate to help him find a solicitor. It said it could provide an advocate to support him with the care and support assessment process. The Council said it could assess Mr B’s needs at one of his offices as he did not want home visits. In its second response it said there did not appear to be any evidence to support the allegations.
7. We will not investigate this complaint as any injustice is not significant enough to justify our involvement. The Council’s response confirms it does not have the information in its files or records Mr B believes is recorded about him. Further investigation would not lead to a different outcome.

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Final decision

8. We will not investigate Mr B’s complaint because any injustice is not significant to justify our involvement.

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Investigator's decision on behalf of the Ombudsman