Summary: We will not investigate this complaint about the Council’s handling of Mr X’s health and safety concerns at the workplace. There is insufficient evidence of fault which would warrant an investigation

The complaint

1. Mr X complains that his workplace had health and safety issues which the Council did not investigate properly.

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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, (Local Government Act 1974, section 24 A (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.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complains about health and safety concerns at his workplace and how the Council subsequently handled them.
6. I can see that the Council carried out a site visit, spoke to management, viewed the areas of concern, and considered the procedures in place.
7. I will not investigate Mr X’s complaint because there is not enough evidence of fault to justify our involvement. The Council investigated the complaint in accordance with the procedures.
8. I will not investigate how the Council dealt with Mr X’s complaint about these matters. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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Final decision

9. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman