Summary: We will not investigate this complaint about the Council’s refusal to consider an ongoing insurance/legal claim for damages under its corporate complaints process. There is not enough evidence of fault to justify an investigation.

The complaint

1. Mr X complains the Council will not consider his complaint relating to damages under its corporate complaints process.
2. He says this has caused his stress and anxiety and he wants compensation.

Back to top

The Ombudsman’s role and powers

3. 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 not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mr X has made a claim for damages against the Council.
7. Where someone has started either legal action or an insurance claim with a council for damages, there is no expectation that the same matters should be considered under the Council’s corporate complaints process.

Back to top

Final decision

8. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman