Summary: We will not investigate this complaint about the actions of a Council officer and the decision to issue an Improvement Notice. We will not consider the complaint about the issuing of the Improvement Notice as we have previously considered this. We cannot require the Council to discipline the officer so we cannot achieve the outcome the complainant is seeking. We cannot decide whether the Council is liable to pay the complainant compensation or damages. Finally, it is not a good use of public funds to investigate concerns about the complaint process when we are not investigating the substantive issues.

The complaint

1. Ms X complains about the actions of an Environmental health Officer. She says this led the Council to issue an unreasonable and unjustified Improvement Notice.
2. She also complains the Council has:
• delayed in closing the Improvement Notice
• failed to follow the complaints process; and
• bullied and discriminated against her and her parent.
3. Ms X wants:
• Her complaint investigated and disciplinary measures taken against the Officer.
• The withdrawal of the Improvement Notice.
• Compensation for damages, financial loss, emotional distress and inconvenience.

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The Ombudsman’s role and powers

4. 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:

• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

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

5. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court.

(Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

6. I considered information provided by Ms X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The Ombudsman has already considered Ms X’s complaint about the issuing of the Improvement Notice. We decided not to investigate as Ms X had a right of appeal. We will not reconsider this matter again.
9. Ms X says she wants the Council to discipline those involved in her case. The law prevents the Ombudsman from involving herself in personnel issues. This includes disciplinary matters.
10. We cannot award compensation. The legislation from which the Ombudsman takes their power also places some restrictions on what we may investigate. We cannot determine whether the Council is liable for damages and financial loss to Ms X and her family. These are legal claims which may only be determined by insurers or the courts. Consequently, any claim for damages, such as financial loss or emotional distress which Ms X considers the Council is responsible for, are matters more appropriately dealt with by the courts. It is therefore reasonable for her to pursue her claim through either the Council’s insurer or the courts. We will not investigate this complaint.
11. Finally, Ms X says the Council has failed to follow its complaints procedure. While we would expect the Council to respond in accordance with its complaints policy I do not propose to investigate this issue further. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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Final decision

12. We will not investigate Ms X’s complaint because :
• We will not reconsider a complaint about the issuing of an Improvement Notice as we have already considered this under a previous complaint reference.
• We cannot require the Council to discipline personnel and therefore we cannot achieve the outcome Ms X is seeking.
• We cannot decide whether the Council is liable to pay Ms X and her family damages. It is reasonable expect her to raise this matter in court; and
• It is not a good use of public funds to investigate alleged failures by the Council to follow its complaints procedure, if we are not investigating the substantive matter.

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Investigator's decision on behalf of the Ombudsman