Birmingham City Council (21 016 255)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 15 Mar 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about how the Council dealt with concerns raised about events that a local community group arranged. This is because the matters have not caused the complainant an injustice. We cannot investigate Mr X’s claims that a member of the community group made threats against the complainant because it is a matter for the police.
The complaint
- The complainant, who I will call Mr X, complains about events held by a local community group. He says photos of the children were taken at the events and placed on the group’s website which was a safeguarding and date protection issue. He also says the events breached COVID-19 guidelines, placing the children in danger. Mr X also says a member of the community group made threats to him which he has reported to the police.
The Ombudsman’s role and powers
- The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:
- there is not enough evidence of fault to justify investigating, or
- any fault has not caused injustice to the person who complained.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- I will not investigate Mr X’s complaints about the events held by the group. This is because Mr X’s has not demonstrated that the issues, he raised with the Council have disadvantaged him directly. Therefore, he has not suffered an injustice.
- I will not investigate Mr X’s complaint about threats made to him by a member of the community group. This is because criminal offences are matters for the police and not the Ombudsman.
Final decision
- We will not investigate Mr X’s complaint because he has not suffered an injustice and criminal offences are matters for the police.
Investigator's decision on behalf of the Ombudsman