Summary: We will not investigate this complaint about a food hygiene inspection because there is not enough evidence of fault by the Council to warrant it.

The complaint

1. Mr X complains the Council has not followed correct procedures during a food hygiene inspection of his establishment, and it has treated him unfairly.

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The Ombudsman’s role and powers

2. We investigate complaints about injustice from alleged ‘maladministration’ and ‘service failure’, which we call ‘fault’. 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

3. I considered information provided by the complainant, the Council responses to his complaint, and the Ombudsman’s Assessment Code.

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My assessment

4. The Council has explained in detail why it is satisfied correct procedures were followed and has agreed to make a minor change to its forms to make them clearer still. The difference between the terms it used and will use in future is not, however, material.
5. It is not our role to act as a point of appeal against decisions made by councils with which complainants disagree. We cannot question council decisions if they have followed the correct steps and considered the relevant evidence and information. That is the case here.

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Final decision

6. We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council to warrant it.

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Investigator's decision on behalf of the Ombudsman