Birmingham City Council (25 010 421)
The Ombudsman's final decision:
Summary: We have upheld Miss X’s complaint about poor communication. The Council has apologised, made service improvements and will refund an inspection fee.
The complaint
- Miss X complains about poor communication including lack of reasonable adjustments during and after an inspection of her food business.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy (Local Government Act 1974, sections 26(1) and 26A(1), as amended).
- If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended).
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- If we were to investigate this complaint, it is likely we would find the Council at fault. There was a lack of support, particularly for Miss X’s dyslexia.
- The Council had already agreed with Miss X there was fault in its communication with her and decided to make service improvements. It has also apologised.
- The Council had already decided to make service improvements following Miss X’s complaint. We also asked the Council to consider refunding Miss X’s re-inspection fee.
Agreed Action
- The Council has agreed to refund the re-inspection fee within one month. It will also carry out the service improvements it identified.
Final decision
- We have upheld this complaint. The Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Miss X and by making service improvements.
Investigator's decision on behalf of the Ombudsman