The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council making statements the complainant considered libellous. This is because libel is a matter for the courts, not the Ombudsman.
The complaint
The complainant, whom I shall refer to as Mrs X, claims the Council has made libellous statements which it knows are inaccurate.
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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X says the Council keeps making statements which it knows are untrue. Mrs X says she wants the Council to stop telling lies and making “derogatory comments”. She says the Council makes “libellous statements to anyone that tries to assist” Mrs X and her children.
If Mrs X believes the Council has defamed or libelled her, then it is a matter for the court to decide. The court can apply the proper legal tests for libel, which the Ombudsman cannot. The Ombudsman cannot determine whether a person has been defamed or libelled or the consequences of that. It is therefore reasonable to expect Mrs X to pursue the matter in court because it can give her the outcome she wants. The Ombudsman cannot.
Final decision
We will not investigate Mrs X’s complaint because it is reasonable for her to take the matter to court.
Investigator's decision on behalf of the Ombudsman