Summary: We will not investigate this complaint about the Council’s decision to issue a warning to Mr X under its complainant behaviour policy. The Council followed its policy, and there is insufficient evidence of fault in how it made its decision.

The complaint

1. Mr X complains the Council issued a warning under its complainant behaviour policy without explaining what his unreasonable behaviour was. Mr X also says he has not had opportunity to respond to the allegations. Mr X says the matter has caused him distress.
2. Mr X wants the Council to remove the warning and allow him to respond fully to the allegations. He also wants the Council to change its complaint procedure so complainants can submit information at the start of the complaint procedure.

Back to top

The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
4. 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))

Back to top

How I considered this complaint

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

Back to top

My assessment

7. Mr X complained to the Council after it issued him with a warning under its complainant behaviour policy. He says the Council did not explain why it issued the warning or give him a chance to respond. In its response, the Council explained that it issued the warning due to unreasonable behaviour and outlined the reasons, referencing its policy. We will not investigate this complaint because we are unlikely to find evidence of fault in the Council’s decision-making, as it explained why it issued the warning and acted in line with the requirements of its policy.
8. Mr X also said the Council did not give him an opportunity to respond to the allegations about his behaviour. Mr X completed the Council’s complaint procedure, which allowed him to challenge the allegations. Given this, we will not investigate as we are unlikely to find evidence of fault.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault in the Council’s actions and how it made its decision.

Back to top

Investigator's decision on behalf of the Ombudsman