Torbay Council (24 006 965)

Category : Other Categories > Other

Decision : Closed after initial enquiries

Decision date : 29 Sep 2024

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s delay in enabling comments on a social media post. We do not consider the complainant has suffered a significant personal injustice which warrants our involvement. Also, the Council has switched on the comment facility, so we consider that an investigation would not lead to a different outcome.

The complaint

  1. Mrs X complains the Council delayed in making a social media post and switched off the comment facility.
  2. She says this made her feel frustrated as other residents were not aware of the event. She also says she felt distressed as she was unable to obtain information from the Council. Ms X also says the Council’s actions may have affected the outcome of a local election.

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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 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:
  • any injustice is not significant enough to justify our involvement, 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

  1. I considered information provided by Mrs X and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mrs X complains the Council delayed in announcing the postponement of its annual meeting on its social media account by a day. She also complains the post had the comments facility switched off.
  2. In response to Mrs X’s complaint the Council says it needed staff to focus on dealing with a public health issue at the time.
  3. The Council switched the comments facility on three weeks after making the post.
  4. Mrs X says the Council’s actions are likely to have influenced a local election. However, we have seen no evidence of this.
  5. I understand Mrs X found the matter frustrating, however, I do not consider that she has suffered a significant personal injustice which justifies an investigation.
  6. Also, the comments facility was switched on so I consider an investigation would not lead to a different outcome.

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Final decision

  1. We will not investigate Mrs X’s complaint because:
    • we do not consider she has suffered a significant personal injustice; and
    • an investigation will not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman

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