Summary: We will not investigate this complaint about restrictions placed on the complainants contact with the Council. This is because there is insufficient evidence of fault.

The complaint

1. Mr X complains about the Council’s decision to restrict his communication under its unreasonable behaviour policy. Mr X says the matter has caused him distress.

Back to top

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

Back to top

How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. The Council wrote to Mr X to provide him with an update to several information requests and complaints that he had made. The Council noted that Mr X had sent in a high volume of emails and often duplicating requests to officers. The Council said it would review Mr X’s contact going forward, under its unreasonable behaviour policy.
6. Following further correspondence, the Council wrote to Mr X to inform him that it was implementing restrictions on his contact under its unreasonable behaviour policy.
7. I will not investigate Mr X’s complaint, because there is insufficient evidence of fault in how the Council has dealt with the matter. The Council provided Mr X with a warning before invoking its unreasonable behaviour policy and when doing so the Council outlined the reasons for its decision, the level of restriction, how Mr X could ask for a review of the decision and that a review would be carried out in six months. The Council’s actions were in accordance with its unreasonable behaviour policy.

Back to top

Final decision

8. We will not investigate Mr X’s complaint because there is insufficient evidence of fault.

Back to top

Investigator's decision on behalf of the Ombudsman