The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s use of contact restrictions in line with its unreasonable customer policy. There is not enough evidence of fault by the Council to warrant investigation, and it has not caused the complainant significant injustice.
The complaint
Mr X complains that the Council invoked its unreasonable customer policy against him.
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 Mr X, and the Council’s unreasonable customer policy.
I considered the Ombudsman’s Assessment Code.
My assessment
In November 2024 the Council applied its unreasonable customer policy to designate Mr X as an unreasonably persistent customer. It said it would only accept contact from him in certain ways so it could manage his contacts effectively.
Mr X contacted the Council to request a review of this decision. The Council told Mr X that the policy has been applied fairly and with just reason, and that some of the restrictions would continue. Mr X then complained to the Ombudsman.
There is insufficient evidence of fault in how the Council made its decision. This means we cannot comment on the decision or its outcome.
There is no evidence the Council’s decision has caused Mr X significant injustice. The Council has told Mr X how he can contact it using an online portal and email address, and there is nothing preventing Mr X from doing so.
Mr X may wish to bear in mind he does not have a right to expect council officers to engage in correspondence with him in the matter which triggered the Council’s actions. It is a development application on which he has a right to comment, but that is all.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council, nor of it causing Mr X significant injustice.
Investigator's decision on behalf of the Ombudsman