The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of matters relating to Mr X and a harbour it runs. This is because past matters have been previously addressed by the Ombudsman and there are no new matters which warrant an investigation.
The complaint
The complainant, who I refer to as Mr X, says matters relating to his use of a Council-run harbour have not been resolved to his satisfaction. He says the Council has not addressed his claims of “character assassination” and that he has been treated wrongly, unfairly and been discriminated against and slandered by officers involved in his case.
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 Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
In 2020 we addressed a complaint made to us by Mr X and explained why we would not be investigating it.
In 2021 Mr X received a Stage 1 response from the Council about the same harbour-related matters which were the subject of his earlier complaint to us. The Council did not uphold his complaint and it told him of his right to progress matters to Stage 2. In 2022 Mr X complained to us again and we referred Mr X back to the Council to complete its complaint procedure. The Council did not uphold his complaint at Stage 2.
While Mr X has now completed the Council’s complaints procedure and complained again to us, this is not a complaint we will investigate. We told Mr X in 2020 why we would not be investigating the various harbour-related issues he had raised and there are no new matters which warrant a formal investigation by the Ombudsman now.
I have seen no evidence to suggest the Council has treated Mr X unfairly or discriminated against him. Mr X claims he has been slandered by the Council but such a claim would be for the courts and not the Ombudsman to determine.
Final decision
We will not investigate Mr X’s complaint because past matters have been previously addressed by the Ombudsman and there are no new matters which warrant an investigation.
Investigator's decision on behalf of the Ombudsman