Summary: We will not investigate Mr X’s complaint about the Council not accepting his complaint about a local maintenance issue. We are satisfied with the Council’s agreed actions, to put his complaint through its internal complaints process and review its process for similar future complaints.

The complaint

1. Mr X has a role within a public body. He complains the Council refused to accept his complaint about a maintenance issue near his home. Mr X is concerned lack of maintenance may make public areas unsafe for residents. He wants the Council to carry out the correct maintenance to keep everyone safe.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

3. I considered information from Mr X and the Council, and the Ombudsman’s Assessment Code.

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My assessment

4. Under section 27(1)(a), as amended of the Local Government Act 1974, we cannot investigate complaints from public bodies. But it is clear Mr X complained to the Council and us as a member of the public living in the area affected by the maintenance issue. He was not complaining to the Council on behalf of the body in which he holds office.
5. We invited the Council to put Mr X’s maintenance complaint through its internal complaints process, and review its process for any similar future complaints from people holding public office. The Council has agreed to do so. That is a satisfactory outcome here so we will not investigate.
6. We recognise that behind Mr X’s concern about the Council’s complaint-handling is the substantive maintenance matter. But that can now be the subject of the Council’s internal consideration of his complaint. If Mr X remains dissatisfied with the Council’s complaint decision on that issue, and if he can make a case that it causes him a significant personal injustice, he may wish to come back to us.

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Final decision

7. We will not investigate Mr X’s complaint because:
• we are satisfied with the Council’s agreed actions, to put Mr X’s complaint through its internal complaints process and review its process for any similar complaints in future.

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Investigator's decision on behalf of the Ombudsman