Summary: We will not investigate this complaint about how the Council handled Mr X’s complaint. This is because there was no significant injustice to Mr X to warrant an investigation.

The complaint

1. Mr X complains the Council delayed responding to his complaint and refused his request to escalate it to the second stage in its complaints process. Mr X says the delay and handling of his complaint has made him upset, disappointed and frustrated. Mr X wants the Council to improve its complaints procedures and avoid delays responding to complaints in future.

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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:

• 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))

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complained to the Council about its delay and handling of his complaint to its planning department.
6. The Council explained to Mr X his complaint was complicated by a related live enforcement case. It explained his complaint had been put on hold until the enforcement case complaint was complete.
7. The Council accepted the delays responding to Mr X’s complaint fell below the standards expected and issued an apology to Mr X.
8. I understand Mr X may have found the matter frustrating. However, I do not consider the injustice he has suffered because of how the Council dealt with his complaint significant enough to warrant an investigation by the Ombudsman.

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Final decision

We will not investigate Mr X’s complaint because there was no significant injustice to Mr X to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman