Summary: We will not investigate Ms X’s complaint about the Council’s refusal to consider her complaint about a councillor’s conduct, an alleged failure to provide reasonable adjustments and the actions of a town council. We have already considered and decided part of the complaint, any injustice is not significant enough to warrant our involvement and we cannot investigate the actions of town councils.

The complaint

1. Ms X complained the Council refused to investigate her complaint about a councillor’s conduct. She says during its handling of the complaint, the Council failed to meet her reasonable adjustment requests. She also complains about the actions of a town council.

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The Ombudsman’s role and powers

2. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as town councils. (Local Government Act 1974, sections 25 and 34(1), as amended)
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 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

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We cannot investigate the Council’s decision not to investigate her complaint about a councillor’s conduct and its handling of that complaint. We have previously considered this and cannot consider the same matters twice.
7. We cannot investigate the actions of the town council as this is not within our jurisdiction.
8. We will not investigate Ms X’s complaint about a failure to meet her reasonable adjustments. The complaint correspondence includes multiple emails between Ms X and the Council about her concerns, indicating that Ms X was able to submit her complaint and supporting evidence and actively engage in the complaints process. Even if the Council did not formally respond to her adjustment requests, the Council has considered and responded to her complaint and Ms X has been able to express her views, which were considered as part of the process. Any injustice caused is not significant enough to warrant our involvement.

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Final decision

9. We will not investigate Ms X’s complaint because we have already considered part of the complaint, any injustice is not significant enough to warrant our involvement and we cannot investigate the actions of the town council.

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Investigator's decision on behalf of the Ombudsman