Summary: We will not investigate this complaint about the Council not advising the complainant of its decision to dispose of premises. We are unlikely to find fault by the Council caused the complainant injustice that warrants our involvement.

The complaint

1. The complainant, who I refer to here as Ms B, represents a pre-school establishment. She complains the Council did not the establishment in a meeting where it decide to dispose of the building it uses.

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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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by Ms B and the Council. I also considered our Assessment Code.

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My assessment

4. The Council has provided a detailed chronology of communication and meetings with the establishment. It is clear from this it has been aware of the Council’s intentions regarding the building for several years.

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Final decision

We will not investigate Ms B’s complaint because we are unlikely to find fault by the Council caused injustice that warrants our involvement. The Council not involving the establishment in the meeting complained about did not affect the outcome for it.

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Investigator's decision on behalf of the Ombudsman