The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of matters relating to its decision to treat Mr X as a vexatious complainant. This is because we are unlikely to find evidence of fault by the Council or injustice caused to Mr X sufficient to warrant an investigation.
The complaint
The complainant, who I refer to as Mr X, complains about the Council’s actions in treating him as a vexatious complainant and says it did not properly follow the relevant policies in making its decision.
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, including the Council’s response to his complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
Due to the volume and nature of his contact with the Council, it decided to treat him as a vexatious complainant. It gave him a single point of contact and told him it will review its decision in 3 months and he will be informed of the outcome of the review.
While Mr X may be unhappy with the Council’s decision here, and claims it did not properly followed its policy in this area, as we are unlikely to fine evidence of fault by the Council sufficient to warrant an investigation, we will not investigate the complaint. Moreover, as Mr X has been given a single point of contact, and the decision will be reviewed after 3 months, there is also insufficient injustice caused to him to warrant an investigation.
Final decision
We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council or injustice caused to Mr X sufficient to warrant an investigation.
Investigator's decision on behalf of the Ombudsman