Summary: We will not investigate Mr X’s complaint about the Council’s refusal to pay compensation while his business was closed for refurbishment. This is because we cannot add to the Council’s investigation, further investigation would not lead to a different outcome and we cannot achieve the outcome Mr X is seeking.

The complaint

1. Mr X says a Council officer made a verbal agreement to pay compensation while his business was closed for works. Mr X wants compensation but the Council has refused.

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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, or
• we cannot achieve the outcome someone wants.

(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.

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My assessment

5. Mr X complained to the Council that there was a verbal agreement to pay compensation while his business was closed. The Council said there was no record of any correspondence from Mr X or the officer referring to compensation. It said there was a written contract between Mr X and the contractor who carried out the works.
6. The Council checked correspondence and spoke to other members of staff. It also spoke with the contractors but could find no evidence of a verbal agreement. The member of staff who Mr X says he made a verbal agreement with, has left the Council.
7. I will not investigate this complaint. There is nothing further an Ombudsman investigation could add to that carried out by the Council and it would not achieve a different outcome. Mr X wants the compensation he says was agreed but an investigation by the Ombudsman cannot achieve this.

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Final decision

8. We will not investigate Mr X’s complaint because we cannot add to the Council’s investigation, further investigation would not lead to a different outcome and we cannot achieve the outcome Mr X is seeking.

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Investigator's decision on behalf of the Ombudsman