Summary: We will not investigate this complaint about changed appointment dates resulting in loss of earnings. This is because investigation by us would be unlikely to add to the Council’s own investigation or result in a significantly different outcome.

The complaint

1. Mr X complained that the Council had not suitably informed him of changed appointment dates. Mr X says that this caused him to miss work shifts, and he is seeking reimbursement for loss of earnings.

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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
• we cannot achieve the outcome someone wants.

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

3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court.

(Local Government Act 1974, section 26(6)(c), as amended.)

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How I considered this complaint

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

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My assessment

6. Mr X says that he missed two days of work due to the Council giving him insufficient notice of two changed appointment dates. The Council has apologised to Mr X for this.
7. Mr X says that this caused him to miss two full days of work and he is seeking reimbursement from the Council for associated loss of earnings.
8. The Ombudsman’s Guidance on Remedies explains we do not normally recommend remedies that reimburse loss of earnings. We cannot usually, on balance, prove a clear and causal link between the fault and the claimed injustice of lost earnings. There are frequently other factors, personal circumstances and choices involved. Such payments are therefore best resolved by the courts. Where complainants are only seeking such reimbursement, we may decide to end our investigation because we cannot achieve the sought outcome.
9. I will not investigate Mr X’s complaint because investigation by us would be unlikely to add to the Council’s own investigation or result in a significantly different outcome. If Mr X wishes to make a claim against the Council for loss of earnings, the courts are better placed to determine whether he is entitled to compensation and how much to award.

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Final decision

10. We will not investigate Mr X’s complaint because investigation by us would be unlikely to add to the Council’s own investigation or result in a significantly different outcome.

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Investigator's decision on behalf of the Ombudsman