Summary: We will not investigate Mr X’s complaint that the Council sent him a letter accusing him of having a bonfire. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

The complaint

1. Mr X complains the Council sent him a letter accusing him of having a bonfire, without providing any evidence. Mr X says he was away on holiday at the time of the alleged incident. He also complains about its response to his complaint which he says was delayed and did not answer all his questions.

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

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complains the Council sent him a letter accusing him of having a bonfire, without having evidence to support this.
6. The Council explained it sent the letter primarily to inform Mr X that it had received a complaint. Where it receives such complaints it sends the resident an advisory letter to inform them of the nature of the complaint received; set out the possible legal implications of an investigation and to give the resident an opportunity to take any action which may resolve the complaint without the need for a formal investigation by the Council. It said it informs residents where it has received a complaint as it is in the interests of fairness to do so whether the complaint is valid or not.
7. It considered it reasonable to have sent Mr X the letter, in line with its procedures and explained that no formal action is taken without robust, corroborated evidence. It said it would review the wording of its letters following Mr X’s complaint and it apologised to him for any unintended distress caused by the letter.
8. We will not investigate Mr X’s complaint. This is because there is insufficient evidence of fault by the Council here to warrant an investigation. It has explained why the letter was sent; the purpose of the letter and that it acted in line with its procedures in sending it. The letter was not an allegation but an advisory letter which needed to contain certain information. It apologised that it caused Mr X distress.
9. Mr X also complains about complaint handling issues. We will not consider complaint handling issues in isolation where we are not also considering the substantive matter. This is because it is not a good use of public resources to do so.

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Final decision

10. We will not investigate Mr X ’s complaint because there is insufficient evidence of fault by the Council to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman