Summary: We will not investigate this complaint about the way the Council investigated a complaint made against Mr X or the conduct of its officers during a visit to his home. There is not enough evidence of fault in the Council’s action, and Mr X has not suffered a significant personal injustice.

The complaint

1. Mr X complains the Council acted on malicious allegations made against him by a neighbour who used to work for the Council. He says Officers’ actions were not impartial and were ‘bordering on corrupt’.

Back to top

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.

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

Back to top

How I considered this complaint

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

Back to top

My assessment

5. The Council confirms it reviewed the video submitted via link by Mr X. It says this footage confirms:
• Officers attended Mr X’s home in a Council marked vehicle, wearing Council logo uniform and lanyards identifying them as Council employees.
• They used the drive to arrive and leave Mr X property.
• They did not use inappropriate language or conduct causing offence.
• They did not encourage the comment made by the neighbour, nor did they acknowledge or respond to it.
6. The Council also says it has confirmed to Mr X that it has no concerns about noise from his property and there is no open investigation against him. Also, the neighbour Mr X is concerned about was not the source of the complaint which led to its officers visiting Mr X.

Back to top

Final decision

7. We will not investigate Mr X’s complaint because there is not enough evidence of fault in the way Council decided to visit Mr X’s home and the conduct of the officers. The Council advised Mr X there is no open investigation, and it is not concerned about noise from his property, Therefore I do not consider he has suffered a significant personal injustice.

Back to top

Investigator's decision on behalf of the Ombudsman