Summary: We will not investigate X’s complaint about the Council identifying them incorrectly and its decision about X’s contact with the Council. This is because we cannot add to the Council’s previous investigation and there is insufficient evidence of fault by the Council.

The complaint

1. X complained the Council identified them incorrectly and restricted contact they had with the Council.

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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:

• we could not add to any previous investigation by the organisation, or
• there is not enough evidence of fault to justify investigating.

(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 X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. X complained the Council identified them incorrectly. The Council responded to X’s complaint and said it accepted it had identified them incorrectly. It verbally apologised to X and later provided X with a written apology. The Council also addressed the matter with its team to prevent a recurrence of fault.
6. We will not investigate this matter as we cannot add to the Council’s previous investigation. It recognised it was at fault, apologised to X and explained it would make service improvements. This was appropriate and what we would expect it to do.
7. X also complained the Council restricted contact they had with the Council. The Council explained to X at the time of their complaint, it had not placed any restrictions on X. It said due to an incident where it had concerns with X’s behaviour towards its officers, it had placed X on an employment protection register. It had written to X and made them aware of its decision and provided them with an option to appeal the decision. X did not appeal its decision.
8. We will also not investigate this matter. This is because there is insufficient evidence of fault with the Council. The Council did not place any restrictions on X at the time of their complaint. Furthermore, I note the Council instead placed X on a register and explained to X its reasons why and gave them an option to challenge the decision. Again, there is insufficient evidence of fault by the Council as it appropriately made X aware of its decision. In addition, if X was unhappy with the Council’s decision at the time, they had the option to appeal it and did not do so.

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Final decision

9. We will not investigate X’s complaint because we cannot add to the Council’s previous investigation and there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman