Summary: We will not investigate Mr X’s complaint about the Council’s handling of a food hygiene rating for his business. This is because we cannot achieve the outcome Mr X is seeking.

The complaint

1. Mr X complains the Council incorrectly published a food hygiene rating for his business before the period for Mr X to appeal the rating had expired. Mr X says the Council acknowledged the error and removed the rating however it was visible to the public for the intervening period. He says this has seriously affected his business reputation, customer orders and a new business opportunity. Mr X wants compensation from the Council for his alleged loss.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide we could not add to any previous investigation by the organisation, or we cannot achieve the outcome someone wants (Local Government Act 1974, section 24A(6))
3. 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

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The legislation from which the Ombudsman takes its power also places some restrictions on what we may investigate. One of these restrictions concerns legal claims which may only be determined by insurers or the courts.
7. We are not able to decide liability or award damages. Consequently, any claim for damages for reputational damage or loss of business, which Mr X considers the Council to be responsible for, are matters more appropriately dealt with by the courts or insurers.
8. Mr X can seek a remedy through the courts or insurers and it is reasonable to expect him to do so.
9. I recognise Mr X is unhappy with the Council’s decision to refer his complaint to its insurers and instead wants the Council to pay compensation. We cannot achieve the outcome Mr X is seeking and for this reason we will not investigate.

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Final decision

10. We will not investigate Mr X’s complaint because we cannot achieve the outcome he wants.

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Investigator's decision on behalf of the Ombudsman