Summary: We will not investigate Mr X’s complaint about how the Council carried out an environmental controlled waste investigation. We are unlikely to find significant Council fault.

The complaint

1. Mr X complained the Council sent a threatening letter inviting him for an interview.
2. Mr X says the interview should not have taken place.
3. Mr X says the investigation has caused him financial loss and affected his wellbeing.

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The Ombudsman’s role and powers

4. 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

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

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My assessment

7. The Council sent Mr X a letter inviting him to voluntary interview with the Council. The letter included a caution, the reason for the interview, including the potential offence being investigated and why it related to Mr X.
8. The letter also gave advice about legal representation and support for the interview. It was clear in advising any costs incurred would need to be met by Mr X. Contact details were also given for any questions or concerns Mr X had before the interview.
9. Mr X says the letter was aggressive and he was made to feel like a criminal. The Council advised Mr X the letter is written to reflect the severity of the potential offence and possible consequences.
10. Mr X says the interview didn’t need to happen and the Council should have investigated properly beforehand to prevent it. The Council advised Mr X the interview was appropriate because of the evidence it had, further it allowed Mr X to exercise his rights of defence.
11. I understand Mr X disagrees with the tone of the letter and whether the interview should have taken place. I have not seen any evidence to show that we are likely to find fault in the way the Council used its professional judgement or followed its legal duty when carrying out investigations and any associated interviews.

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Final decision

12. We will not investigate Mr X’s complaint because we are unlikely to find Council fault.

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Investigator's decision on behalf of the Ombudsman