Summary: We will not investigate this complaint about the Council’s approach to mask wearing when its environmental health officers visit members of the public. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is not enough evidence of fault by the Council.

The complaint

1. The complainant, Mr X, contacted the Council to report fumes from a business were entering his flat. Mr X complained to the Council because its environmental health officers required Mr X to wear a mask if they were to enter his flat. Mr X says he is exempt from wearing a mask.

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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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. This complaint involves events that occurred during the COVID-19 pandemic. The Government introduced a range of new and frequently updated rules and guidance during this time. We can consider whether the council followed the relevant legislation, guidance and our published “Good Administrative Practice during the response to COVID-19”

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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. In correspondence with Mr X the Council has explained that officers will need to remove their masks to assess the impact of the fumes he has reported. Its policy, based on risk assessments, requires anyone else present to wear a mask. The Council has provided various options. These are:
• Mr X takes a lateral flow test 30 minutes before officers arrive.
• Mr X wears a mask for a short time during the officer visit.
• Mr X arranges for someone else to be present during the officer visit.
• That the Council closes the case for the time being until COVID-19 safety protocols are no longer required.
7. We will not start an investigation into Mr X’s complaint. This is because the Council is entitled to decide how to best protect its staff from COVID-19. It has offered various options to Mr X and if we were to investigate it is unlikely we would say the Council has acted with fault. An investigation is not therefore justified.

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Final decision

8. We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman