Summary: We will not investigate this complaint about the Council’s handling of matters relating to food hygiene and ventilation at a business in Mr X’s area. This is because there is no evidence of fault by the Council or injustice caused to Mr X sufficient to warrant an investigation.

The complaint

1. Mr X complains about the Council’s food hygiene rating of a business in his area and its inspection report relating to the business. He says insufficient concern has been shown by the Council about the business’ ventilation system.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. 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 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

4. I considered information provided by the complainant, including the Council’s response to the complaint.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mr X complained to the Council about its handling of various matters relating to the food hygiene assessment and ventilation of a business in Mr X’s area. It addressed the issues raised but did not uphold his complaint having satisfied itself that the proper procedures had been followed.
7. It is not our role to act as a point of appeal against decisions made by councils with which complainants disagree. We cannot question council decisions if they have followed the right steps and considered the relevant evidence and information.
8. While Mr X may not be satisfied with the Council’s response to the concerns he has raised about the business, there is no evidence to suggest fault by the Council which warrants investigation or that Mr X has been caused any significant injustice as a result of fault by the Council.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because there is no evidence of fault by the Council or injustice caused to Mr X sufficient to warrant an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman