Summary: The Ombudsman will not investigate Ms X’s complaint about the Council’s alleged failure to pay her an agreed amount of compensation. This is because there is no indication of fault by the Council.

The complaint

1. The complainant, whom I shall call Ms X, complains the Council did not pay the full amount of compensation agreed by the Ombudsman in respect of an earlier complaint.

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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 must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe it is unlikely we would find fault (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered what Ms X said in her complaint.

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What I found

4. Ms X says, in 2004, the Ombudsman awarded her £180000 compensation for the impact on her business of derelict Council properties nearby where drug use and prostitution was taking place. Ms X complains the Council only made a payment of £2000.
5. Our records show, that in 2004, the Ombudsman investigated Ms X’s complaint which was about damage caused to Ms X’s property by an explosion at a nearby Council property. The Council offered to pay Ms X £2000 in compensation and the Ombudsman agreed this was a suitable remedy.

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Analysis

6. The Ombudsman agreed that £2000 was a suitable remedy for Ms X’s previous complaint and the Council made this payment. There are no grounds for us to investigate this complaint therefore.

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Final decision

7. The Ombudsman will not investigate because there is no indication of fault by the Council.

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Investigator's decision on behalf of the Ombudsman