Summary: We will not investigate Ms X’s complaint about the Council applying a Council-wide block to her email address between 2022 and 2023. The Council has accepted fault, apologised and offered a suitable financial remedy. It is unlikely an investigation would lead to a different outcome or achieve anything more.

The complaint

1. Ms X complains the Council put a Council-wide block on her email address without good reason in April 2022. She says it did not tell her it had done so or review its decision, and she only became aware in September 2023. She says the Council’s actions meant she could not access Council services which has caused her and her family significant harm, financial loss and distress. The Council has accepted fault, apologised and offered a £300 financial remedy, but Ms X says this is insufficient for the injustice caused.

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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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(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 the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.
5. I considered our Guidance on Remedies.

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My assessment

6. In its complaint response, the Council accepted it should not have put a Council-wide block on her email in 2022. It said it did not know why the block was authorised as its records did not record the reasons for this, and relevant staff had since left the Council. It accepted it was at fault and apologised for the inconvenience caused. It offered her £300 as a symbolic financial remedy in recognition of the inconvenience and frustration caused and the time and trouble taken resolving the matter. It said it had since reviewed and formalised its policies with regards to restricting communications and staff had been reminded of the need to adhere to these policies going forward.
7. Ms X has told us that she considers £300 insufficient to remedy the injustice caused. She states the Council-wide block on her email meant she could not access Council services which had serious implications for her and her family. She wants the Council to pay her a remedy of £2000 and send her a formal apology letter from the relevant department.
8. We will not investigate Ms X’s complaint. When considering symbolic financial remedies, we do not aim to punish an organisation or provide compensation in the same way a court might. Instead, they are a symbolic payment to recognise the impact of a fault and to acknowledge the difficulties or distress a person has been put through as a result.
9. Ms X states she was denied access to multiple Council services which caused her and her family significant harm and financial loss. However, we cannot know what would have happened or what action the Council would have taken in response to her emails, had the fault not occurred. It was also open to Ms X to contact the Council by telephone, another email or in person when she did not receive a response to her emails. An investigation would be unlikely to make a direct link between the fault and Ms X’s claimed injustice.
10. The Council has accepted it was at fault, apologised to Ms X and is satisfied its policy review and reminder to staff is sufficient to prevent the fault from recurring. It’s offer of £300 to recognise the inconvenience and distress caused is reasonable and in line with our guidance on remedies. It is unlikely an investigation would achieve anything more or recommend the increased remedy that Ms X wants, and so we will not investigate this complaint.

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Final decision

11. We will not investigate Ms X’s complaint because it is unlikely an investigation would lead to a different outcome or achieve anything more.

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Investigator's decision on behalf of the Ombudsman