Summary: We will not investigate this complaint the Council refused to investigate the owner of a Park Home for harassment. There is not enough evidence of fault in how the Council’s considered the matter to justify our involvement. The courts are best placed to consider whether the Council acted lawfully.

The complaint

1. Mrs X complained the Council failed to investigate the owner of the Park Home after they disconnected her electricity. She said the Council incorrectly said it was a civil matter and not something it could deal with under its licensing arrangements. Mrs X wants the Council to apologise and to confirm it will treat any further threat of disconnection, or actual disconnection as harassment.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. 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)
3. 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
• 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

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. The Council’s complaint response demonstrates it considered information provided about the disconnection of utilities, spoke to the Park Home Owner and sought its own legal advice. The Council considered its responsibilities under the relevant legislation, but decided the issue was a civil matter. It said it would not intervene.
7. Although Mrs X disagrees, we cannot question a council’s decision where it was properly made. The Council has properly considered Mrs X’s concerns, therefore there is not enough evidence of fault to justify our involvement. If Mrs X believes the Council has not applied the legislation correctly and acted unlawfully, that would be a matter for the courts.

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Final decision

8. We will not investigate Mrs X’s complaint because there is not enough evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman