Summary: We will not investigate this complaint about comments made by a Council officer about Mr X’s request for an anti-social behaviour case review. This is because an investigation would be unlikely to find fault with the Council’s actions.

The complaint

1. Mr X complained about comments a Council officer made regarding his request for an anti-social behaviour case review.

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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 fault has not caused injustice to the person who complained.
   (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 Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complained after he made freedom of information request and saw comments made by a Council officer in an internal email about his anti-social behaviour review request.
6. The Council did not uphold the complaint and explained that the comments were made whilst asking for advice about the policy and the situation.
7. Mr X brought the complaint to us as he remains unhappy. There is no evidence the Council is at fault in how it responded to his request or that the comments made caused Mr X a significant injustice. An investigation would therefore be an improper use of resources.

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Final decision

8. We will not investigate Mr X’s complaint because an investigation would be unlikely to find fault with the Council’s actions.

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Investigator's decision on behalf of the Ombudsman