Summary: We will not investigate this complaint about the Council’s investigation into a complaint Mr X made to it about his employer following an attack which took place against him on business premises by a member of the public. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation and an investigation is unlikely to add to that already carried out by the Council or lead to a different outcome.

The complaint

1. Mr X complains about the way a Council officer carried out an investigation into his complaint made against his employer concerning safety measures in place at his place of work following an attack on him by a member of the public. He says his employer should be prosecuted.

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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
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants. (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. Mr X was attached by a member of the public at his place of work and complained to the Council about the safety measures his employer had in place to protect staff.
6. The Council investigated his complaint about his employer and his subsequent complaint about its officer’s handling of the investigation. The Council concluded the officer had properly followed all the relevant policies and procedures and did not uphold his complaint. However, it confirmed it would be contacting the Primary Authority Partner (the lead local body in providing advice to businesses on complying with environment health, trading standards and safety regulations) to discuss Mr X’s case and to check any advice his employer had been given at Head Office level.
7. While Mr X may be disappointed with the outcome of his complaint to the Council, it is not our role to act as a point of appeal against decisions made by councils with which complainants disagree. The Council investigated his concerns but decided not to take legal action against the employer. This is a decision the Council is entitled to make and we cannot review its merits.
8. There is no evidence to suggest fault affected the outcome of the Council’s decision and an investigation is unlikely to usefully add to that already carried out by the Council or lead to a different outcome.

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Final decision

9. We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation and an investigation is unlikely to add to that already carried out by the Council or lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman