Summary: Miss X complained about the Council’s management of a miniature railway following an incident. She also complained about the Councils complaint handling. Miss X said this distressed her and her family. We have discontinued our investigation as the Health and Safety Executive is better placed to consider the matters Miss X complained about. The Ombudsman will not investigate the Council complaint handling if we are not considering the substantive matters.

The complaint

1. Miss X complained about the Council’s management of a miniature railway following an incident. She also complained about the Councils complaint handling. Miss X said this distressed her and her family.

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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:

• there is another body better placed to consider this complaint.

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

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How I considered this complaint

3. I read Miss X’s complaint and spoke to her about it on the phone.
4. I considered information provided by Miss X and the Council.
5. Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Background information

6. The Health and Safety Executive (HSE) is Britain's national regulator for workplace health and safety. 
7. 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.
8. The Council operates a miniature railway. Ms X complained to the Council following an incident on this attraction.

What happened

9. This is a summary of events, outlining key facts and does not cover everything that has occurred in this case.
10. At the end of December 2023, Miss X and her daughter were on the miniature railway when a carriage tipped over. Miss X suffered minor physical injuries but reported the incident caused her significant distress.
11. Miss X complained to the Council in January 2024.
12. Miss X chased the Council for an update in February 2024. She was concerned the train was running again. Miss X submitted a formal complaint at the end of February 2024.
13. The Council responded to the complaint in March 2024. The response set out the health and safety executive were satisfied the Council operation was safe.
14. Miss X said she asked the Council to escalate her complaint but has not had a response.
15. Miss X was not satisfied with the Council’s response and has asked the Ombudsman to investigate. Miss X would like the Council to assure her the incident will not happen again.

My findings

16. I am discontinuing my investigation. This complaint is mainly about health and safety matters of the railway. The Health and Safety Executive is better placed to consider this matter.
17. The rest of the complaint is about the Councils complaint handling. As set out in paragraph seven, the Ombudsman does not complete an investigation into complaint handling if we are not considering the substantive issues.

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Final decision

18. I have discontinued my investigation because the Health and Safety Executive is better placed to consider this matter. The Ombudsman will not complete an investigation to only consider complaint handling.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman