The Ombudsman's final decision
Summary: We have upheld Miss X’s complaint about poor communication. The Council has apologised, made service improvements and will refund an inspection fee.
The complaint
Miss X complains about poor communication including lack of reasonable adjustments during and after an inspection of her food business.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy (Local Government Act 1974, sections 26(1) and 26A(1), as amended).
If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), 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
If we were to investigate this complaint, it is likely we would find the Council at fault. There was a lack of support, particularly for Miss X’s dyslexia.
The Council had already agreed with Miss X there was fault in its communication with her and decided to make service improvements. It has also apologised.
The Council had already decided to make service improvements following Miss X’s complaint. We also asked the Council to consider refunding Miss X’s re-inspection fee.
Agreed Action
The Council has agreed to refund the re-inspection fee within one month. It will also carry out the service improvements it identified.
Final decision
We have upheld this complaint. The Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Miss X and by making service improvements.
Investigator's decision on behalf of the Ombudsman