Calderdale Metropolitan Borough Council (21 002 016)
Category : Transport and highways > Street furniture and lighting
Decision : Closed after initial enquiries
Decision date : 13 Jul 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a failure to follow the complaints procedure. The complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We do not consider the complainant has suffered significant personal injustice to warrant our involvement.
The complaint
- The complainant, I shall call Mr B, says the Council failed fully consider his complaint, provided false information, and conducted a single tier complaints system. He says this prevented him from having his concerns escalated.
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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A (6), as amended)
How I considered this complaint
- I considered information provided by the complainant which includes his correspondence with the Council. .
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr B has been in contact with the Council for some years about highway matters close to his home. He has provided much information. However, he confirms his complaint is about the complaint process only, and the information about the highway issues was provided for context purposes.
- It is not a good use of public resources to investigate complaints about complaint procedures alone. I recognise Mr B has been in contact with the Council for some time. However, I do not consider he has suffered a significant personal injustice because of failings in the complaints process alone to warrant our involvement.
Final decision
- I have decided not to investigate this complaint. The injustice claimed by Mr B because of alleged failings in the complaints procedure alone is not significant enough to justify the cost of the Ombudsman’s involvement.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman