London Borough of Lambeth (25 019 825)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 22 Apr 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Mr X’s unhappiness with a Council survey. This is because the injustice experienced is insufficient to warrant investigation.
The complaint
- Mr X complained a Council survey incorrectly uses the term gender instead of biological sex.
The Ombudsman’s role and powers
- 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:
- there is not enough evidence of fault to justify investigating, or
- any fault has not caused injustice to the person who complained, or
- any injustice is not significant enough to justify our involvement.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complained to Council that it uses the term gender on a survey when it should use the term biological sex. He said this meant he could not take the survey.
- The Council explained it takes the same approach as the Office of National Statistics, but Mr X disagreed with this. The Council also explained that it offers an option for people who want to use another term.
- The Ombudsman will not investigate complaints where the injustice suffered is not significant. The survey offers Mr X the opportunity to identify the term he feels most comfortable with. There is therefore no barrier to Mr X taking the survey and he has not experienced an injustice due to this matter.
Final decision
- We will not investigate Mr X’s complaint because the injustice experienced is insufficient to warrant investigation.
Investigator's decision on behalf of the Ombudsman