Summary: We will not investigate this complaint about the way the Council considered a complaint. We do not consider the complainant has suffered a significant personal injustice which justifies an investigation.

The complaint

1. Mr X complains about the way the Council considered his complaint. Specifically, he says the Council’s Head of Democratic and Legal Services personally decided the original complaint despite being directly involved in most of the decisions leading to it, both in that role and as one of two directors of the East Midlands Freeport.
2. He also complains the Council threatened to publish details of his complaint and its response on its website which is contrary to its policy.

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The Ombudsman’s role and powers

3. 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.

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

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How I considered this complaint

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

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My assessment

6. Mr X says the Council rejected his complaint in an attempt to stifle criticism of its conduct.
7. From the information we have seen the Council considered his complaint and provided a detailed response. It also confirmed it has not published the complaint or the response.
8. I understand Mr X does not consider it was appropriate for the Head of Democratic and Legal Services to respond to his complaint.
9. However, the Council’s complaint policy states it will “nominate an appropriate officer to investigate the complaint”. It also states “an officer against whom a complaint is personally directed, should not respond to a complaint.”
10. From the information I have seen, the original complaint was not personally directed against the Head of Democratic and Legal Services. However, even if it were, we do not consider that a possible failing in the way the Council deals with a complaint causes a significant injustice to the complainant. Nor is it a good use of public funds to consider a complaint about the complaint procedure alone.
11. Mr X also complains the Council threatened to publish his complaint and its response. However, he has confirmed it did not do so, therefore I do not consider Mr X has suffered a personal injustice on this point which warrants our involvement.

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Final decision

12. We will not investigate Mr X’s complaint because we do not consider he has suffered a significant personal injustice which warrants an investigation.

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Investigator's decision on behalf of the Ombudsman