Summary: We will not investigate this complaint that the Council imposed a communication restriction on Mr X. The Council remedied the injustice caused to Mr X during its complaint process.

The complaint

1. Mr X complained the Council restricted his contact and added him to its Unreasonable Behaviour Register. He said it put in place the contact arrangement without following its policy and withdrew his complaint.
2. He said he received no warning or justification for the Council’s decision, and it made him feel isolated. He wants the Council to respond to his complaint and withdraw the contact restriction.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

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

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My assessment

6. Mr X complained the Council restricted his contact based on no evidence and did not respond to his complaint about an officer’s conduct.
7. In its response, the Council said it withdrew Mr X’s complaint in error and did not follow its Unreasonable Behaviour Policy correctly. It explained to Mr X that he was not added to the Unreasonable Behaviour Register. It apologised for incorrectly issuing Mr X letters about his behaviour and offered him a payment of £250 for its error’s and the distress caused. It also confirmed it would review its Unreasonable Behaviour Policy.
8. We will not investigate this complaint. The Council identified it did not follow its policy and apologised to Mr X. It clarified Mr X’s concerns around the register and offered a financial remedy for the distress caused. The Council has since met with Mr X and explained it had undertaken an initial review into how the incident was handled and identified service improvements. The Council’s response to Mr X’s complaint remedies the injustice caused; therefore, it would not be proportionate for us to investigate further.

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Final decision

9. We will not investigate Mr X’s complaint because The Council remedied the injustice caused to Mr X during its complaint process.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman