Hertfordshire County Council (20 010 647)
Category : Transport and highways > Other
Decision : Closed after initial enquiries
Decision date : 24 Feb 2021
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint that a contractor working for the Council tried to run him over. This is because the actions he complains about relate to a possible criminal matter which has been reported to the Police.
The complaint
- The complainant, Mr X, complains a contractor working for the Council tried to run him over. He says he suffered stress and anguish as a result.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe there is another body better placed to consider the complaint. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I reviewed Mr X’s complaint and the Council’s response. I shared my draft decision with Mr X and invited his comments.
What I found
- Mr X alleges a contractor working for the Council deliberately tried to run him over. He complains the Council failed to keep him safe and wants it to take action against the contractor.
- The actions Mr X describes are a criminal matter more appropriate for investigation by the Police; this is not something we would or could effectively investigate. The Council confirms the matter has been reported and it is for the Police and the Crown Prosecution Service to decide whether to prosecute the contractor, his employee and/or the Council.
- Mr X is also unhappy with the way the Council dealt with his complaint. But it is not a good use of public resources to look at the Council’s complaints handling if we are not going to look at the substantive issue complained about. We will not therefore investigate this issue separately.
Final decision
- We will not investigate this complaint. This is because the matter is more appropriate for investigation by the Police.
Investigator's decision on behalf of the Ombudsman