Luton Borough Council (23 010 012)
Category : Transport and highways > Other
Decision : Closed after initial enquiries
Decision date : 31 Oct 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a Council Officer’s conduct. The complainant has not suffered a significant injustice and further investigation would not lead to a different outcome.
The complaint
- Mr X complained about a Council Officer’s conduct during a telephone call. He said they were rude, abrupt. He accused the Council of discrimination and prejudice. He said the Council’s actions had caused him distress. He wants it to apologise.
The Ombudsman’s role and powers
- 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 injustice is not significant enough to justify our involvement, or
- we could not add to any previous investigation by the organisation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We will not investigate Mr X’s complaints about the Council Officer’s conduct during the telephone call. Firstly, we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of Council faults or failures. I do not consider the Council’s actions have caused Mr X a significant injustice.
- In addition, the Council investigated his complaint and said it had spoken to the Officer involved. It did not find evidence to support his allegations against the Officer. It said he had a history of making complaints about Council staff. I am satisfied the Council has properly considered Mr X’s complaint. Further investigation by the Ombudsman would not lead to a different outcome.
Final decision
- We will not investigate Mr X’s complaint because he has not suffered a significant injustice and further investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman