Summary: We will not investigate this complaint about information contained in a letter the Council’s Chief Executive sent to Mr X. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

The complaint

1. Mr X complains the Council’s Chief Executive made false statements in a complaint response sent to him relating to the scope of data collection for the Council’s booking system for its waste recycling centre.

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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, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome. (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. In an earlier complaint Mr X made to us, we decided that we would not investigate his complaint about data collection and the Council’s booking system for its waste recycling centre. This was because the matter was one best dealt with by the Information Commissioner’s Office.
6. Mr X has made a second complaint which relates to his earlier complaint and concerns information in a complaint response from the Chief Executive which Mr X says is inaccurate and concerns the scope of data collection required by the Council to book a slot at the recycling centre.
7. We will not investigate this matter, nor that concerning information Mr X was given about the possibility of being able to book a slot at the centre anonymously. This is because we have already advised Mr X that we will not be investigating the substantive issue concerning data collection and there is no evidence to suggest there has been fault by the Council which warrants investigation.

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Final decision

8. We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman