Birmingham City Council (22 004 263)

Category : Environment and regulation > Other

Decision : Closed after initial enquiries

Decision date : 10 Jul 2022

The Ombudsman's final decision:

Summary: We will not investigate this complaint about how the Council dealt with the complainants concerns about the website and communications of a private company. This is because the issues complained about are not the responsibility of the Council.

The complaint

  1. The complainant, who I will call Mr X, complains about the website and communications of a private company. He says the companies website and contact forms do not work properly meaning it is difficult to communicate concerns about the product they produce. 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

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  2. We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)

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How I considered this complaint

  1. I considered information provided by the complainant.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. I cannot investigate Mr X’s complaint about the website and communications of a private company. This is because these are not the responsibility of the Council, and the matters are therefore out of our jurisdiction.
  2. I will not investigate how the Council dealt with Mr X’s complaints about these matters. This is because it is not a good use of public funds to investigate complaint handling, when we cannot or will not investigate the substance of the complaint.

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Final decision

  1. We will not investigate Mr X’s complaint because the issues complained about are not the responsibility of the Council.

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Investigator's decision on behalf of the Ombudsman

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