Summary: We will not investigate this complaint about the Council issuing Mrs X with an informal warning. This is because there is insufficient evidence of fault to warrant an investigation.

The complaint

1. Mrs X complained the Council unfairly issued her with a warning regarding her conduct but failed to provide evidence of the allegations made against her.

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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 not enough evidence of fault to justify investigating, or
• 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 Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council sent Mrs X an informal warning regarding her conduct and use of local allotment.
6. Mrs X complained the warning was unfair, did not contain enough detail and was potentially biased. She was also unhappy the Council officer who sent the warning failed to use their full title.
7. The Council investigated and explained that it issued the warning following multiple complaints it had received. The Council said it issued the warning in line with its policy and would ensure all officers used their full titles in future.
8. Mrs X wants us to find the Council at fault. The evidence shows the Council has explained why it issued the warning and given Mrs X information about its policies and terms. There is no evidence of fault or bias in the Council’s actions. The Ombudsman will not investigate complaints where there is insufficient evidence of fault.

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Final decision

9. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman