Summary: We will not investigate this complaint about the Authority’s staff because the courts and insurers are better placed to consider the complaint.

The complaint

1. Mr Y complained the Authority’s staff were disrespectful to him when he had become lost and needed help. Mr Y says the incident triggered a psychological episode which caused him significant distress and is looking to be compensated for the emotional damage caused.

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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 there is another body better placed to consider this complaint. (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 Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

4. The legislation from which the Ombudsman takes their power also places some restrictions on what we may investigate. One of these concerns negligence claims about damage to property or personal injury. These are legal claims which may only be determined by insurers or the courts.
5. In this case, Mr Y says the behaviour of the staff caused him to have a psychological episode and he is seeking compensation for the emotional damage and inconvenience caused to him. This compensation can also be called damages.
6. We cannot decide liability claims for negligence or award damages, such as the compensation Mr Y is seeking for the injury to his health he says was caused by the Authority. This would need to be decided by either the Authority’s insurer or the courts if liability is disputed. Mr Y can begin this process by making a claim against the Authority’s insurance. As the insurer and the courts can decide liability, and award damages, which we cannot, they are better placed to consider this complaint and we will not investigate.

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Final decision

7. We will not investigate Mr Y’s complaint because the courts and insurers are better placed to consider the complaint.

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Investigator's decision on behalf of the Ombudsman