Summary: We will not investigate this complaint about how the Council dealt with claims of illegality this is because there is insufficient evidence of fault. The Council’s decision to implement restrictions on the complainant’s contact has previously been considered by the Ombudsman.

The complaint

1. Mr X complains about how the Council dealt with his claims of illegality. He says he has been prevented from meeting with the Monitoring Officer. Mr X also complains about the Council’s decision to restrict his contact under its Vexatious Complaints policy.

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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, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. We previously investigated a complaint from Mr X which raised several issues which included the Council’s decision to place restrictions on Mr X’s contact under its Vexatious Complaints policy. We found that the contact restrictions put in place in May 2021, did not cause Mr X a significant personal injustice as he was still able to access the complaints process.
6. I will not investigate Mr X’s complaint about the restrictions on his contact with the Council. This is because these matters have already been considered and addressed by the Ombudsman. Mr X has demonstrated that he is still able to raise complaints with the Council and then the Ombudsman.
7. The Council wrote to Mr X in November 2022, informing him that his single point of contact at the Council. This letter wasn’t considered by our previous investigation. However, there is no evidence of fault in the Council’s decision to send this letter and it has not caused Mr X any injustice.
8. The Council’s allocated single point of contact responded to his concerns at stage one of the complaints process, after consulting with the Monitoring Officer. At stage two of the complaints process, the Monitoring Officer responded directly to Mr X addressing each of his points and concluding that the concerns raised by Mr X did not give rise to any illegality, which would require further action.
9. I will not investigate how the Council dealt with Mr X’s concerns about illegality within the Council. The Monitoring Officer considered Mr X’s concerns in accordance with the Council’s constitution and therefore there is insufficient evidence of fault in how the Council dealt with this matter. There is nothing in the Council’s constitution that says the Monitoring Officer must meet with complainants.

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Final decision

10. We will not investigate Mr X’s complaint because there is insufficient evidence of fault and we have previously considered Mr X’s complaint about restrictions placed on his contact.

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Investigator's decision on behalf of the Ombudsman