The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint that he could not open an encrypted email sent by the Council. There is insufficient evidence of fault to warrant an investigation.
The complaint
Mr X complains he is unable to open encrypted emails the Council sent him. Mr X says that as a result emails are unreadable.
He also complains the Council would not accept this issue as a complaint and told him to use the online feedback form. Mr X says he could not do this because he was unable to provide his email address on the online form.
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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complains he has experienced difficulties with the Council’s encrypted email system. However, the Council uses a standard industry encryption service and there is no evidence to suggest Mr X’s issues are because of any fault by the Council. Mr X could seek advice or guidance from a number of sources on opening encrypted emails.
The Council followed its own policy when it said it would not accept Mr X’s comments as a complaint. Instead, it advised him to complete the feedback form for IT and website issues. Mr X said the form would not allow him to enter his email address. However, he could have done so in the free text box available on the form. But in any case, the online form is not a mechanism for corresponding with individuals, but for receiving feedback.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman