Brighton & Hove City Council (25 024 094)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about how the Council handled Mr X’s bus pass and Blue Badge applications. This is because further investigation would not lead to a different outcome.
The complaint
- Mr X complained the Council did not respond to his bus pass and Blue Badge applications. He said it lost his documents. He said it cost him money to travel to and park at hospital appointments and caused him anxiety. He wants the Council to be investigated.
The Ombudsman’s role and powers
- 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
- further investigation would not lead to a different outcome, or
- there is another body better placed to consider this complaint
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
- We normally expect someone to refer the matter to the Information Commissioner’s Office (ICO) 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.)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complained the Council did not respond to his applications and provided proof of completion.
- In its complaint response the Council said there was an issue with its application system and apologised. It asked Mr X to complete the applications again and provided him a contact to inform when he completed them so it could prioritise his applications.
- The Council offered Mr X £100 for the injustice caused.
- We will not investigate this complaint. The Council identified an issue with its application system during its complaints procedure and offered Mr X a suitable remedy. It said it planned to upgrade its system within 12 months. These is a suitable response from the Council. Therefore, further investigation by the Ombudsman would not lead to a different outcome.
- Mr X complained the Council lost the documents he submitted with his application. If Mr X believes the Council have not adhered to data protection laws, that would be a matter for the ICO.
Final decision
- We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman