Summary: We have upheld Ms X’s complaint that the Council failed to consider offering financial compensation or acknowledge the distress it caused. The Council has agreed to apologise to Ms X, offer her compensation and make service improvements.

The complaint

1. Ms X complains the Council failed to consider offering her financial compensation or acknowledge the impact of its actions after carrying out a Stage 2 complaint investigation.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy (Local Government Act 1974, sections 26(1) and 26A(1), as amended).
3. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), 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. If we were to investigate Ms X’s complaint, it is likely we would find the Council at fault. This is because the apology letter it sent to Ms X did not fully acknowledge the impact of the distress Ms X suffered.
7. The adjudication officer disagreed with the Stage 2 complaint recommendation to offer Ms X £500 to acknowledge distress. Following our enquiries, the Council reconsidered and has now offered Ms X the £500.
8. Within one month, the Council will:
• apologise to Ms X, taking into account our guidance on making apologies found here: guidance on remedies.
• pay Ms X the £500 within one month of her acceptance.

9. Within three months, the Council will:
• review its practice for considering complaint payment recommendations to ensure consistency and recording of decision making.

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Agreed Action

10. To its credit, the Council agreed to resolve the complaint by taking the actions set out above.

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Final decision

11. We have upheld this complaint. The Council has agreed to resolve the complaint early by offering to remedy the injustice caused.

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Investigator's decision on behalf of the Ombudsman