Summary: We will not investigate Ms X’s complaint that the Council failed to carry out the actions decided at a meeting in April 2023. There is not enough evidence of fault by the Council.

The complaint

1. Ms X and her son, Mr Y said the Council prevaricated over their long-term complaints. They said there was a meeting in April 2023 and the Council failed to honour the commitments it made to put things right.
2. They said they wanted the Council to honour its commitments and to compensate them for the harm they said they suffered.

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The Ombudsman’s role and powers

3. 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))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Following complaints which had been ongoing since 2022, the Council held a meeting in April 2023 with Ms X and Mr Y. Several actions came from the meeting, including writing off a large debt and holding a stage 2 investigation into Ms X and Mr Y’s outstanding complaints. This would be carried out by an Independent Investigating Officer (IIO) and would be overseen by an Independent Person (IP).
7. The Council has provided evidence it has carried out the actions agreed other than the one relating to the outstanding debt and the Stage 2 investigation. In relation to the debt, the Council offered to write it off, but stated it had not done so because Ms X had not confirmed her agreement to this. It also stated it would not be pursuing the claimed debt and that her complaint remained closed.
8. In regard to the Stage 2 investigation, the Council tried for several months to agree a statement of complaint with Ms X and Mr Y, informed Ms X it would go ahead with the statement they had and appointed an IIP and IO and then tried to hold a meeting with Ms X and senior councillors and officers to help progress the matters, which Ms X cancelled.
9. The Council has taken appropriate steps to engage and the process was there for Ms X to take part in. If Ms X or Mr Y were unhappy because they considered the Council had not completed any actions or other matters, they could have raised these as part of the Stage 2 investigation. There is not enough evidence of fault to justify an investigation.

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Final decision

10. We will not investigate Ms X’s and Mr Y’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman