Summary: We will not investigate this complaint about how the Council dealt with a report that health and safety procedures were not being followed at a workplace. This is because there is insufficient evidence of fault by the Council.

The complaint

1. Mr X complains that the Council failed to properly investigate his concerns about a breach of health and safety regulations at his daughter’s workplace, after she suffered an injury. Mr X says that his daughter’s employer has failed to make any changes and therefore the risk to health remains.

Back to top

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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. 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)

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mr X raised concerns about a potential breach of the Health and Safety regulations at a local business that employed his daughter. The Council carried out an investigation which considered the issues raised and the Council’s duties and Health and Safety legislation. The Council spoke to the employer, carried out site visits and viewed the employers policies, training records and risk assessments The conclusion reached was that there were suitable equipment in place and adequate risk assessments and training were being carried out. The case was therefore closed.
7. I will not investigate Mr X’s complaint. This is because there is insufficient evidence of fault by the Council. It has fully considered relevant information before reaching its decision. Whilst Mr X strongly disagrees with the Council’s decision not to investigate, it does not mean that the Council has done anything wrong. In the absence of fault in the Council’s decision making the Ombudsman cannot question the merits of the conclusions reached by the Council.

Back to top

Final decision

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

Back to top

Investigator's decision on behalf of the Ombudsman