Summary: We will not investigate Mr X’s complaint about the Council’s response to a health and safety report. This is because there is no evidence the Council’s actions caused Mr X an injustice and, in any event, there is not enough evidence of fault.

The complaint

1. Mr X complained the Council failed to act in response to a health and safety report. Mr X also said the Council’s investigation of the report was poor and it did not carry out basic investigative actions. Mr X said the Council ignored his comments and its approach to this matter caused him alarm and distress.

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 any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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 Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Due to the sensitive nature of the subject and the third-party information provided by the Council, which I cannot share with Mr X, I have not included any details beyond those necessary to understand my decision. 
7. Mr X complained about the Council’s response to a report of health and safety concerns and the requirement for an organisation to report accidents. On the evidence the Council provided in response to this complaint, on a balance of probability the Council’s actions have not caused Mr X an injustice.
8. In any case, the Council received a report, investigated, and decided what action it needed to take. This is a decision it was able to take and there is not enough evidence of fault to justify investigating further.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because he has not been caused an injustice and there is not enough evidence of fault.

Back to top

Investigator's decision on behalf of the Ombudsman