The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with Mr X’s complaint. This is because there is insufficient injustice to justify an investigation. Further, investigation will not lead to a different outcome as the Council has already provided an appropriate remedy.
The complaint
Mr X complains about how the Council investigated his complaint and that it delayed in responding to his complaint.
The Ombudsman’s role and powers
The Ombudsman investigates 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 an investigation if we decide: there is not enough evidence of fault to justify investigating, or further investigation would not lead to a different outcome (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X’s daughter was having adaptation works completed on her property following the approval of a disabled facilities grant. Mr X made a complaint to the Council about its handling of the adaptation works.
Mr X said the Council failed to interview his daughter during its complaint investigation. He also complains the Council delayed in responding to his complaint at the final stage of its process.
The Council did not interview Mr X’s daughter during its complaint investigation. However, it is for the Council to decide how to investigate the complaints it receives. On balance, it is unlikely, even if the Council had spoken to Mr X’s daughter, this would have affected the Council’s complaint response. Therefore, there is insufficient injustice to justify an investigation.
Further, the Council apologised for the delay in responding to the complaint and explained to Mr X the reasons for the delay. If we were to investigate, it is likely we would agree there was delay. However, the Council has apologised for this, and we consider this to be an appropriate remedy. Therefore, further investigation is not justified as it would not lead to a different outcome.
Final decision
We will not investigate Mr X’s complaint because there is insufficient injustice to justify an investigation. Further, investigation will not lead to a different outcome as the Council has already provided an appropriate remedy.
Investigator's decision on behalf of the Ombudsman