Summary: We will not investigate Ms X’s complaint that the Council’s actions and negligence led to her father’s death. We cannot give Ms X the outcome she wants and there are other bodies better placed to consider her complaint.

The complaint

1. The complainant, whom I shall refer to as Ms X, complained the actions of council staff led to her father’s death when he became unwell on council premises. Mr X sadly passed away before he could be taken to hospital. Ms X says the Council’s staff were negligent. The Council says it will not investigate as the incident took place in 2006 and too much time has elapsed.

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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:

• 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))

3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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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. I recognise how distressing the issue at the heart of Ms X’s complaint is. But we will not start an investigation. This is because the role of the Ombudsman is to look for administrative fault. We could never say the Council was responsible for Mr X passing away. Such matters are best considered by either the courts, the Health and Safety Executive, or the Police. These bodies are better placed to consider Ms X’s complaint. We cannot give Ms X the outcome she wants and so we will not investigate.

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Final decision

7. We will not investigate Ms X’s complaint because there are other bodies better placed to consider her concerns and to give her the outcome she wants.

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Investigator's decision on behalf of the Ombudsman