The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about a report provided to a Council committee because there is insufficient evidence of fault. We will not investigate its complaints handling since we are not investigating the underlying complaint.
The complaint
Mr X complained the Council’s monitoring officer brought a poor quality report to a committee and that the Council did not respond to his complaint in line with its complaints process. He said the Council’s failings meant he was put to avoidable time and trouble pursuing it.
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 do not start an investigation if we decide 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.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained the Council’s monitoring officer brought a poor quality report to a committee deciding the future of a health suite. He said the report was prepared by an officer, who did not know the full history and background of the project. He also said there was a lack of detail in the report and a lack of evidence to support its recommendations. Mr X is unhappy with the decision the committee reached.
In its complaint response, the Council confirmed its monitoring officer was satisfied the decision was made by an appropriate committee, after considering an officer report and after having had the chance to hear from officers and other speakers. The monitoring officer concluded the decision was lawful and that they had satisfied their duty to ensure the lawfulness and fairness of decision-making.
We will not investigate this complaint further. There is insufficient evidence of fault in the way the Council made its decision to justify our involvement.
Mr X also complained the Council did not respond within the timescales set out in its complaints policy and misrepresented the complaint at stage 1 of its process to avoid addressing it.
We will not investigate this complaint further since it is not a good use of funds to investigate a council’s complaints handling where we are not investigating the substantive complaint.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault in the way the Council made its decision. We will not investigate the Council’s complaints handling since we are not investigating the substantive complaint.
Investigator's decision on behalf of the Ombudsman