Summary: We will not investigate this complaint about the Council’s involvement in relation to an allegation from a sub-contractor involving Mr X. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

The complaint

1. Mr X complains about the Council’s involvement in relation to a report from an employee of a sub-contractor about the alleged use of racist language by Mr X. He disputes the allegation and says advice given by the Council to the sub-contractor caused him distress for which he should be compensated.

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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
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint, or
• there is no worthwhile outcome achievable by our investigation.

(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, including the Council’s response to the complaint.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complained to the Council about an allegation he had made a racist comment which was reported by an employee of an organisation (his landlord) whose services the Council uses in one particular area. The Council responded to explain its limited relationship with the organisation and that it does not have control over the day-to-day operation of its officers.
6. We do not investigate every complaint we receive and we will not investigate where there is insufficient evidence of fault by a council to warrant an investigation.
7. As has already been explained to Mr X, it is open to him to make a complaint to the Housing Ombudsman Service about his landlord but this is not a body which falls within our jurisdiction.

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Final decision

8. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman