Summary: We will not investigate this complaint about school health and safety audit reports written by the Council which Ms X says are inaccurate and imply she is not competent. This is because an investigation is unlikely to lead to a significantly different outcome.

The complaint

1. Ms X complains about school health and safety audit reports written by the Council which she says are inaccurate and imply she is not competent in her professional role. She says as a result of the Council’s fault she has suffered damage to her business, career and reputation.

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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
• further investigation would not lead to a different outcome. (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 the complainant and the Council, including its response to the complaint.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X complained to the Council about its handling of school health and safety audit reports where she had been involved in a professional role. She said the reports were inaccurate and wrongly questioned her competency.
6. The Council acknowledged there had been inaccuracies in the reports and offered to resolve matters by engaging an independent third-party health and safety specialist to review the reports and engage further with Ms X and the schools involved and, if necessary, provide revised audits. This work is currently ongoing.
7. We will not investigate the complaint because an investigation by the Ombudsman is unlikely to lead to a significantly different outcome. The case is already being reviewed by a specialist and the Council’s offer to resolve the complaint in this way is a reasonable one.
8. Moreover, a claim for damages of the type Ms X seeks are best sought through the courts and not the Ombudsman.

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Final decision

9. We will not investigate Ms X’s complaint because an investigation is unlikely to lead to a significantly different outcome.

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Investigator's decision on behalf of the Ombudsman