Somerset Council (25 026 200)
The Ombudsman's final decision:
Summary: Mr X complained the Council failed to deal with his complaints in accordance with its complaints policy. We have found no fault in the Council’s actions.
The complaint
- Mr X complained the Council failed to deal with his complaints in accordance with its complaint policy. He says the Council repeatedly classified his complaints as service requests. Mr X told us the Council’s actions denied him access tot the correct complaints process and caused him emotional distress due to the ongoing need for communication. Mr X would like the Council to acknowledge his complaints and complete the complaints process. He would also like the Council to review how it reclassifies complaints and reflect on any learning to prevent similar issues arising.
The Ombudsman’s role and powers
- We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
- If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(1), as amended)
How I considered this complaint
- I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
- Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.
What I found
Legal and administrative background
- The Council has a published complaints policy which sets out some exemptions to the policy. This includes where the Council receives a request that the organisation provides or improves a service, fixes a problem or reconsiders a decision. For example, reporting a faulty streetlight or pothole. The policy states the Council should be given the opportunity to provide the service or put something right.
What happened
- Mr X wrote to the Council’s highways team at the end of January 2026. In his letter Mr X raised safety concerns about some recent work on the public highway.
- On the same day, Mr X also wrote to the Council’s environmental services team raising similar safety concerns about the same works.
- The Council considered Mr X’s correspondence and decided to treat both contacts as a service request as he had raised safety concerns. As the two letters related to the same works, the issue was raised as one request.
- The Council completed an inspection of the site and determined no further action was required.
- There is no evidence of fault in the Council’s actions.
Investigator's decision on behalf of the Ombudsman