Summary: We will not investigate Mr X’s complaint about how the Council dealt with his concerns about health and safety. This is because there is insufficient evidence of fault.

The complaint

1. Mr X complains that the Council failed to properly investigate his report about an incident at a business establishment which involved an injury to him. He says the business concerned should be prosecuted for its late submission of a Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) report. Mr X also complains about how the Council dealt with his complaints about these matters.

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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 24A(6), as amended, section 34(B))
3. 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)

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How I considered this complaint

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

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My assessment

6. Mr X complained to the Council about its investigation following an incident at a business establishment where he was injured. In response to his concerns the Council said it initially spoke to the business about the late submission of the RIDDOR report and later visited the business and viewed relevant information including such as risk assessments. The Council concluded that there was insufficient evidence to justify enforcement action.
7. It is not our role to consider appeals against decisions taken by councils. The incident which led to the Council’s investigation was clearly a very upsetting one for Mr X. However, while he may be disappointed with the outcome of the Council’s investigation and its decisions taken in relation to the business’s management of health and safety issues, there is no evidence to suggest fault by the Council which warrants investigation.
8. 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 insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman