Birmingham City Council (25 008 826)
The Ombudsman's final decision:
Summary: We will not investigate this complaint from Mr X about an advisor from the Council shouting at him during a phone call. This is because we could not add to the investigation carried out by the Council or achieve a different outcome.
The complaint
- Mr X complains that he called for an update on a complaint and was shouted at by an advisor from the Council. He is unhappy with the complaint response.
The Ombudsman’s role and powers
- 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:
- we could not add to any previous investigation by the organisation;
- further investigation would not lead to a different outcome; or
- there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council considered Mr X’s concerns and apologised to him for a member of staff raising their voice during the phone call. The Council also apologised for the service and said it had reprimanded the advisor.
- I will not investigate Mr X’s complaint because we could not add to the investigation or achieve a worthwhile outcome.
- I will not investigate how the Council dealt with Mr X’s complaint about these matters. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.
Final decision
- We will not investigate Mr X’s complaint because we could not add to the investigation carried out by the Council or achieve a different outcome.
Investigator's decision on behalf of the Ombudsman