Summary: We will not investigate this complaint about how the Council dealt with Mr X’s concerns about health and safety at his former workplace. This is because there is insufficient evidence of fault. Also, we cannot achieve the outcome Mr X is seeking.

The complaint

1. Mr X complains about the Council’s decision not to take further action following his report of health and safety concerns at his former workplace.
2. He wants us to require the Council to:
• Require his former employer to cease work and carry out repairs on their property.
• Carry out another inspection.
• Issue an improvement notice.
• Apologise to him.
• Pay him £750 compensation.

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The Ombudsman’s role and powers

3. 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 cannot achieve the outcome someone wants.
• (Local Government Act 1974, section 24A(6), section 34(B))

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How I considered this complaint

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

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My assessment

6. Following receipt of Mr X’s report about the safety of a wall on his employer’s property, the Council visited the site. It confirms the Officer reviewed documentation provided by the employer. This included an engineer’s report confirming the wall in question had been examined and was considered safe.
7. Having inspected the site and reviewed the professional engineer’s report, the Council decided not to take any further action.
8. The Ombudsman does not act as an appeal body. Instead, we consider if there was any fault with how the decision was made.
9. We will not investigate Mr X’s complaint because we do not consider there to be any evidence of fault with how the Council has dealt with his concerns. The Council inspected the site, spoke to the management and reviewed an engineer’s report before reaching its decision to take no further action.

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Final decision

10. We will not investigate Mr X’s complaint because:
• We have not seen enough evidence of fault in the way the Council considered his concerns; and
• We cannot achieve the outcome Mr X is seeking.

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Investigator's decision on behalf of the Ombudsman