Cumberland Council (23 015 842)

Category : Other Categories > Other

Decision : Closed after initial enquiries

Decision date : 13 Feb 2024

The Ombudsman's final decision:

Summary: We will not investigate Ms X’s complaint that the Council did not distribute adult education brochures to people in her area. This is because the matter has not caused Ms X a significant personal injustice which is serious enough to warrant an investigation.

The complaint

  1. The complainant, whom I shall call Ms X, complains the Council did not distribute adult education brochures to homes in her area.

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The Ombudsman’s role and powers

  1. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
  2. We do not start an investigation if we decide 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

  1. I considered information provided by the complainant.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Ms X complained to the Council that it failed to distribute adult education brochures to addresses in her area. Ms X says this meant she had to go to extra effort to find out about courses.
  2. The Council, in its response, apologised that Ms X did not receive a copy of the brochure. It provided a link to the brochure online as well as a link to the Council’s website where details of all available courses are published. It also offered to send Ms X a copy of the brochure in the post. The Council explained it contacted Royal Mail about the reported non-delivery, however Royal Mail explained it did not meet the criteria for investigation of non-delivery as set out in its contract.
  3. This is not a complaint we will investigate. This is because the matter has not caused Ms X any significant personal injustice which is serious enough to warrant an investigation. We do not investigate every complaint we receive. We must focus our limited public resources on those complaints where a person has suffered a significant personal injustice as a result of fault by a body in our jurisdiction and where we can make the most difference.

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Final decision

  1. We will not investigate Ms X’s complaint. This is because the matter has not caused Ms X a significant personal injustice which is serious enough to merit an investigation.

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Investigator's decision on behalf of the Ombudsman

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