Summary: The Ombudsman will not start an investigation of this complaint that the Council had unreasonably refused to investigate allegations about malpractice by an insurance company. This is because there is no sign of fault by the Council.

The complaint

1. The complainant, who I shall call Ms X, complained that the Council had unreasonably refused to investigate her allegations about an insurance company’s malpractice in her case. In particular Ms X said the company had wrongly refused to pay out on a mortgage endowment policy she held, and had unfairly failed to return payments she made on a home insurance policy. Ms X also said the company had bullied and assaulted her.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start an investigation if, for example, we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

3. I considered the information Ms X provided with her complaint.

Back to top

What I found

4. Ms X asked the Council’s Trading Standards service to investigate her allegations about malpractice by an insurance company.
5. However the Council said it could not investigate these matters as the company in question was not based in its area.
6. The Council also advised Ms X about how to pursue a complaint about trading standards issues, and gave her the contact details for the council where the company was based.
7. The Ombudsman will not investigate Ms X’s complaint because there is no sign of fault by the Council.
8. In particular the insurance company no longer has an office in the Council’s area, so I do not see that it has any responsibility for investigating allegations about the company’s trading practices.
9. I also consider the Council gave Ms X suitable advice about where else she may be able to pursue her concerns about the company.

Final decision

10. The Ombudsman does not have reason to start an investigation of Ms X’s complaint about the Council’s failure to pursue her allegations concerning malpractice by an insurance company. This is because there is no sign of fault by the Council regarding this matter.

Investigator’s final decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman