Summary: We will not investigate Miss X’s complaint the Council incorrectly licensed a dog kennels and that an officer sent her aggressive emails. Miss X is not the owner of the kennels therefore any fault by the Council has not caused her a significant injustice. The Council has apologised for the content of the emails. Further investigation by the Ombudsman would not lead to a different outcome.

The complaint

1. Miss X complained the Council incorrectly licensed a dog kennels she worked at. She said that resulted in the business having to close and her losing her job.
2. Miss X also complained about a Council officer’s email communication with her. She said it was aggressive. Miss X wants the Council to:
• Remove the Council officer from their role.
• Contact the kennel owner to find a way for the kennels to reopen.

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The Ombudsman’s role and powers

3. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:
• any fault has not caused injustice to the person who complained, or

• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6))

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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. We will not investigate Miss X’s complaint about the licensing of the dog kennels. That is because Miss X is not the owner of the kennels, therefore, she has not been caused a direct injustice by the Council’s actions. We may investigate complaints made on behalf of someone else if they have given their consent. There is no evidence the kennel owner has given Miss X consent to complain on her behalf to the Council or the Ombudsman.
7. In its complaint response, the Council said the content of the emails between Miss X and its officer was unacceptable. A senior officer apologised and confirmed the Council would supervise the officer’s work. Although Miss X is dissatisfied the apology did not come from the Officer directly involved, we will not investigate this complaint further. The Council has accepted responsibility for the officer’s conduct, apologised, and taken appropriate action. Further investigation by the Ombudsman would not lead to a different outcome. Miss X wants the Council to remove the officer from their role. This is not an outcome we can achieve.

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Final decision

8. We will not investigate Miss X’s complaint because the Council has already apologised, and further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman