Summary: We will not investigate this complaint about the Council’s investigation into an incident which took place at a business establishment where Ms X’s child was injured. This is because there is no evidence to suggest fault by the Council.

The complaint

1. Ms X complains the Council should have investigated in greater depth an incident at a business establishment which involved an injury to her young child. She says the business concerned should be prosecuted for its late submission of the RIDDOR report (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013) and action taken against health and safety breaches.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant and the Council, including its response to the complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X complained to the Council about its investigation following an incident at a business establishment where her child was injured. In response to her concerns about its failure to prosecute the business for the late submission of the required RIDDOR report, it explained the late submission of the report was not considered a serious enough offence to warrant prosecution.
7. This is a decision the Council is entitled to make. It is not our role to act as a point of appeal against decisions taken by councils with which complainants do not agree. The incident which led to the Council’s investigation was clearly a very upsetting one for Ms X and her family. However, while Ms X may be disappointed with the outcome of the Council’s investigation and its decisions taken in relation to the business’s management of health and safety issues, there is no evidence to suggest fault by the Council which warrants investigation.

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Final decision

8. We will not investigate Ms X’s complaint because there is no evidence to suggest fault by the Council.

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Investigator's decision on behalf of the Ombudsman