Summary: We will not investigate Mr X’s complaint that his human rights have been breached by the Council’s failure to investigate his previous three complaints. This is because we cannot achieve the outcome sought and there is no worthwhile outcome.

The complaint

1. In short, Mr X claims injustice by the Council’s failure to respond to his previous three complaints.
2. Mr X says his human rights have been breached, in terms of his right to a fair trial, as he needs the Council to respond to gather evidence for his future legal action.
3. Mr X wants his complaints investigated and an exercise carried out in the suitability of the Council’s compliance/complaints staff.

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The Ombudsman’s role and powers

4. 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)
5. 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 cannot achieve the outcome someone wants, or
• there is no worthwhile outcome achievable by our investigation.

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

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How I considered this complaint

6. I considered information provided by the complainant and his previous complaints: 23020590, 24006295, 24020064, 25005852, 25005855, 25005860.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr X says the Council has failed to respond to his previous three complaints. These complaints were made in connection with various issues arising from the Council’s insurers refusing his personal injury claim in 2023. Our decision made in 2023 advised Mr X that this was a matter best addressed in the courts.
9. Mr X continues to raise complaints triggered by the personal injury claim. The most recent complaints encompass the legality of the Council’s insurance claims department, officers record keeping and the adequacy of Highways Inspectors guidance.
10. Mr X says he needs the Council to respond to his complaints for his future legal action. And that the Council’s failure to respond has breached his human right to a fair trial.
11. We will not investigate. We cannot achieve the outcome sought with respect to compelling the Council to assess the suitability of its staff. This concerns the Council’s role as an employer over which we have no remit.
12. Further, he has complained that the Council has discriminated against him under the Human Rights Act, but our view is that the Human Rights Act is not relevant to these issues.
13. Finally, there is no worthwhile outcome achievable. Complaint procedures are not an alternative to the court process nor an information gathering tool. It is normal practice for Councils to exclude issues that are better addressed in court, from complaints procedures. Similarly, there are no good reasons for us to investigate complaints procedures when we are not investigating the substantive issue. This is not a good use of public funds.

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Final decision

14. We will not investigate Mr X’s complaint because we cannot achieve the outcome sought nor achieve a worthwhile outcome.

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Investigator's decision on behalf of the Ombudsman