The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about an allegation of assault by Council officers. This is because the Police are better placed to consider this. Nor will we investigate the remaining issues Miss X complained about, because any injustice is not significant.
The complaint
Miss X said Council staff assaulted her when they removed her from a Council building. She said the staff injured her as a result and expects the Council to discipline the staff involved.
She also complained the Council did not respond to her complaints about this and was wrong to ask her to come to the building when it should not have done.
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: any injustice is not significant enough to justify our involvement, or there is another body better placed to consider this complaint, or (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Miss X.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X said Council staff assaulted her while they were ejecting her from the Council building. I will not investigate this, because it is an allegation of crime, and the Police are better placed to consider Miss X’s complaint about this matter.
Miss X said a different Council officer had earlier asked her to come to the building when they should not have done so. She also said the Council have not responded to her when she asked for a stage two response to her initial complaint. I will not investigate these aspects because there is no significant injustice.
Final decision
We will not investigate Miss X’s complaint because the Police are better placed to investigate crime and of the matters remaining, there is no significant injustice.
Investigator's decision on behalf of the Ombudsman