Summary: We will not investigate this complaint about the Council failing to respond to Mr X’s complaint. This is because there is insufficient evidence of fault by the Council.

The complaint

1. Mr X complains about the Council’s failure to respond to his complaint concerning unlawful enforcement action taken against his business. He says this caused a temporary financial loss, significant distress, and a risk to business operations. Mr X wants a full investigation, compensation and written assurances that enforcement actions has permanently been closed.

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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 there is not enough evidence of fault to justify investigating (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. When considering complaints, we make findings based on the balance of probabilities. This means that we look at the available relevant evidence and decide what was more likely to have happened.

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How I considered this complaint

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

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My assessment

6. The Council says it did not receive Mr X’s complaint before we contacted it. I have considered the email address Mr X used and compared it with the complaints email address published on the Council’s website. The address Mr X used was different. On balance, I am therefore satisfied it is unlikely the Council received Mr X’s complaint before our involvement. As there is not enough evidence this was due to fault by the Council, we will not criticise it for failing to respond sooner.
7. The Council says it cannot accept Mr X’s complaint because its complaints policy does not allow complaints from corporate bodies. I have considered the relevant complaints policy and am satisfied the Council’s position is consistent with it. The Ombudsman cannot criticise a council for acting in line with its adopted complaints procedure unless there is evidence the procedure itself, or the way it was applied, caused fault. I have seen no evidence of fault in how the Council reached this decision.

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Final decision

8. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman