Summary: We will not investigate Ms X’s complaint about the Council’s misleading automatic response message. This is because there is not enough evidence of fault to justify investigating.

The complaint

1. Ms X complained the Council’s automatic response message provided misleading information about the expected delivery time for a document she requested. She said the Council used a vague term which did not set clear expectations regarding the time frame.
2. She said this led to unwanted follow-ups from companies awaiting the document. She wants the Council to update its automatic response to provide more accurate delivery estimates.

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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))

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How I considered this complaint

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

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My assessment

5. Ms X contacted the Council to request a copy of a document she needed for a third party. After placing the order, she received an automated message stating the document would arrive ‘soon’. Ms X said she found this misleading, as the website lists only two delivery time frames and felt the message should be more specific.
6. In its complaint response, the Council said its website clearly outlines standard and priority application services, specifying dispatch times based on the selected option. It explained that the automated response is a standard message for all customers and is intentionally vague to cover both delivery options.
7. As Ms X was aware of this when she placed the order and which delivery service she selected, she would have known the Council’s intended dispatch time frame. Therefore, there is not enough evidence of fault to justify investigating.

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Final decision

8. We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman