The Ombudsman's final decision
Summary: We will not investigate this complaint about the way the Council dealt with a complaint against a councillor. The Council has explained the reasons for delay and apologised for failing to keep the complainant informed. We do not consider that an investigation would lead to a different outcome.
The complaint
Mr X complains about the way the Council considered a complaint against him. He also complains about the delay in dealing with his own complaint. He wants an apology.
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 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 further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X, including the Council’s responses.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council has explained to Mr X why the assessment for the complaint against him took longer. It has apologised for any failings.
Given Mr X has received an apology for the upheld parts of the complaint, I do not consider that an investigation would lead to a different outcome.
Mr X is concerned about delays in dealing with his complaint. We will not usually look at the way a complaint has been considered in isolation. This is because we do not consider there can be sufficient injustice to the complainant because of any failings in the complaints process alone to warrant our involvement.
Final decision
We will not investigate Mr X’s complaint because we do not consider that an investigation will lead to a different outcome.
Investigator's decision on behalf of the Ombudsman