The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council will not investigate an accident Mr X had at work as it is unlikely we will find fault by the Council.
The complaint
Mr X contacted the Council in early 2025 about an accident he had at work, at a commercial premises, in 2022. Mr X complains the Council will not investigate how his employer dealt with this, including that he says they did not report the incident.
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.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council told Mr X it will not investigate the matter, as in its view, it will not be able to investigate events retrospectively given so much time has elapsed, nor could it reach a conclusion as to whether the incident occurred as described and whether the employer was under an obligation to report it or was at fault for the accident.
I recognise Mr X is unhappy about this, but it is for the Council to decide whether to investigate such matters or take enforcement action. We cannot criticise this decision unless there is fault in the way it was made. The Council was fully aware of the circumstances of Mr X’s case, gave consideration to it and its own priorities, and national policy, the Regulators’ Code, in coming to its decision. I consider therefore that it is unlikely we would find such fault.
For this reason, we will not investigate this complaint.
Final decision
We will not investigate Mr X’s complaint because it is unlikely we will find fault by the Council.
Investigator's decision on behalf of the Ombudsman