Torbay Council (26 002 429)
Category : Environment and regulation > Other
Decision : Closed after initial enquiries
Decision date : 22 Sep 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about school water supply safety. There is not enough evidence of the Council’s consideration of the matter causing the complainant a personal injustice about which he can complain to the Ombudsman.
The complaint
- Dr X complains the Council had not responded properly to his concerns about school water supply safety, and the Council refused to consider his complaint about the matter.
- Dr X said this caused him dismay and he wants the Council to ensure the water supply to named schools is safe.
The Ombudsman’s role and powers
- People may complain to the Ombudsman if they have a claim of injustice caused by alleged or apparent ‘maladministration’ and ‘service failure’ by a public organisation we could investigate, or by the actions of a private adult social care provider. (Local Government Act 1974, section 26A(1) or section 34C(1)(a)).
- We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide there is no evidence of injustice to the complainant, or any injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6), as amended, or section 34B(8)).
How I considered this complaint
- I considered information provided by Dr X.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Dr X contacted the Council as he was concerned about the quality of drinking water in several schools. Dr X’s professional concern about the matter, which is not limited to this Council’s area, does not meet the legal definition of the matter having caused him a personal injustice he could complain about. Nor is there evidence in Dr X’s complaints or the Council’s responses to suggest he or a member of his immediate family has suffered a serious injustice from the matter or the Council’s response to it.
- Dr X also complained about the Council’s handling of his concerns. It is not a good use of public resources to investigate complaints about complaint procedures if we are not investigating the subject of the complaint, as here.
Final decision
- We will not investigate Dr X’s complaint because there is no evidence of the Council’s actions causing him significant enough injustice to warrant it.
Investigator's decision on behalf of the Ombudsman