Summary: We will not investigate this complaint about the Council’s poor communication. This is because any injustice is not significant enough to justify our involvement.

The complaint

1. Miss X complains the Council has failed to resolve outstanding matters relating to the lease and utilities at her nursery business. And she is unhappy with its communication and complaint handling since the Ombudsman’s last decision.

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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 any injustice is not significant enough to justify our involvement. (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 Miss X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Ombudsman has previously considered and decided Miss X’s complaint about the Council’s handling of the lease and utilities at her business. That decision said we would not investigate as it was reasonable for Miss X to go to court. I cannot consider a complaint about a matter we have previously decided.
6. It is not a proportionate use of our resources to investigate Miss X’s complaints about the Council’s poor communication and complaint handling when we are not investigating the substantive issues. Any separable injustice is not significant enough to justify an investigation.

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Final decision

7. We will not investigate Miss X’s complaint because any injustice is not significant enough to justify our involvement.

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Investigator's decision on behalf of the Ombudsman