Summary: We will not investigate Mr X’s complaint about the Council sending him an email after midnight. This is because any personal injustice is not significant enough to warrant an investigation.

The complaint

1. Mr X complained the Council sent him an automated email after midnight. He said it disturbed his sleep which subsequently affected his performance at his job the following day. Mr X wants the Council to ensure it does not send automated emails during inappropriate times.

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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 any injustice is not significant enough to justify our involvement. (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 provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council responded to Mr X and said it could not amend the timings of automated emails. It advised Mr X to instead, set his device to ‘do not disturb’.
6. We will not investigate Mr X’s complaint. We recognise Mr X was affected the following day after receiving the Council’s email however, his personal injustice is not significant enough to warrant an investigation.

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Final decision

7. We will not investigate Mr X’s complaint because any personal injustice is not significant enough to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman