Summary: We will not investigate this complaint about the Council’s failure to complete an assessment of a complaint about the conduct of a councillor. We consider that further investigation would not lead to a different outcome.

The complaint

1. Mr X complains the Council is ignoring residents who seek information.
2. He wants the Council to install a method for communicating with residents suffering from depression and anxiety.

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The Ombudsman’s role and powers

3. 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 further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained to the Council that a councillor had ignored his emails about issues about his housing tenancy.
7. The Ombudsman cannot consider any issues about his tenancy as such matters are outside our jurisdiction. Our consideration of this complaint is limited to the way the Council dealt with his complaint that the councillor failed to respond to his correspondence.
8. The complaint about the councillor is dealt with under the Council’s arrangements for dealing with complaints about breaches of the council’s code of conduct.
9. The Council has recognised it failed to respond to Mr X’s complaint about the councillor in line with its timeframe set out in its arrangements. However, it has apologised to Mr X for this. The councillor involved asked a service director to pass on his apologies to Mr X. The service director referred to this in an email to Mr X.
10. I understand Mr X wants a direct apology from the councillor concerned. However, we will not generally investigate just to obtain an apology. Mr X also wants the Council to implement a communication policy method for communicating with residents suffering from depression and anxiety.
11. There is reasonable adjustment duty which is set out in the Equality Act 2010 and applies to bodies which carry out a public function. Service providers are under a positive and proactive duty to take steps to remove or prevent obstacles to accessing their service. If the adjustments are reasonable, they must make them.
12. Any person can ask the Council to make reasonable adjustments in the way they communicate with them, this includes those who suffer from mental health disabilities. We have not seen any evidence the Council is failing to meet its Public Sector Equality Duty.

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Final decision

13. We will not investigate Mr X’s complaint purely to obtain an apology as this is not a good use of public funds. Also, we have not seen evidence the Council has failed in its Public Sector Equality Duty. Therefore, an investigation is unlikely to lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman