Summary: The Ombudsman will not investigate Miss X’s complaint about the Council’s complaints process. This is because there is not enough evidence of fault and the Ombudsman will not investigate complaint handling as a standalone issue.

The complaint

1. The complainant, whom I shall call Miss X, complains about how the Council dealt with her stage 2 complaint. Miss X says the officer who responded was not senior enough and was from the department Miss X had complained about.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome.

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

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How I considered this complaint

3. I considered Miss X’s complaint to the Ombudsman and the information she provided. I also gave Miss X the opportunity to comment on a draft decision before reaching a final decision on her complaint.

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What I found

4. Miss X is unhappy with the Council’s stage 2 response to a complaint she made. She says the officer who responded was not senior enough and was from the same department she had complained about.
5. The Council has responded to Miss X. It has explained the officer who responded was senior to the member of staff complained about. It has explained its policy is that a senior council officer who has not been involved in the matter complained about will respond at stage 2 of its process.
6. Based on the evidence available there is not enough evidence of fault by the Council to warrant an investigation by the Ombudsman. It has followed its published policy in dealing with Miss X’s complaint. Also, the Ombudsman will not normally investigate a council’s complaint handling as a standalone issue. The Ombudsman’s involvement is not therefore warranted.

Final decision

7. The Ombudsman will not investigate Miss X’s complaint. This is because there is not enough evidence of fault and the Ombudsman will not investigate complaint handling as a standalone issue.

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Investigator's decision on behalf of the Ombudsman