The Ombudsman's final decision
Summary: We will not investigate this complaint about the way the Council treated Mr B. This is because further investigation by us could not add to the Council’s response or make a different finding.
The complaint
Mr B complained about the way he was treated by council staff and the way it has left him feeling. Mr B says he wants the Ombudsman to investigate what happened and for the Council to accept he has a witness who can verify events.
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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council responded to Mr B’s complaint. It apologised that Mr B was left feeling upset after a visit by staff and upheld his complaint. It acknowledged the level of anxiety and distress caused and said there was a catalogue of issues which added to his distress. The Council accepted it could have been handled in a better, more professional way. It advised Mr B the staff member will undertake further training around mental health awareness and communication skills. The Council upheld Mr B’s complaint advised him of the additional training the staff member will undertake and apologised for the distress caused. We could not add to this or make a different finding even if we investigated.
Final decision
We will not investigate Mr B’s complaint because we could not add to the council’s response or make a different finding.
Investigator's decision on behalf of the Ombudsman