Summary: We cannot investigate this complaint about how the Council engaged with X over a major public investment programme. This is because it is a matter that affects all or most of the people in the Council’s area and the law does not allow us to consider it. Nor will we investigate a complaint about how the Council responded to X’s complaint about this matter. There is no worthwhile outcome achievable because the substantive issues are something we cannot consider.

The complaint

1. X complained about how the Council engaged with them in an exchange relating to a major public investment programme. They said they believed it meant the Council had adopted a fixed mindset and was contrary to good governance and was not transparent.
2. X was also unhappy the Council refused to investigate the matter as a formal complaint.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), as amended)
5. The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
6. 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 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

7. I considered information provided by the complainant and I considered the Ombudsman’s Assessment Code.

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Final decision

8. We cannot investigate X’s complaint because as a major investment programme, it affects all or most of the people in the Council’s area and the law does not allow it. Nor will we investigate how it handled X’s complaint because there is no worthwhile outcome achievable.

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Investigator's decision on behalf of the Ombudsman