The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council refusing to investigate alleged anti-social behaviour by its employees. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is not enough evidence of fault in the way the Council handled the matter.
The complaint
The complainant, whom I refer to as Mrs X, is unhappy the Council refused to investigate her complaint that the anti-social behaviour (ASB) of her neighbours, who are Council employees, amounted to a breach of the staff code of conduct.
The Ombudsman’s role and powers
The Ombudsman can 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6)) We can consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I also considered our Assessment Code, and the Council’s ‘Staff Code of Conduct’.
My assessment
Mrs X complained to the Council about alleged ASB by her neighbours, who are Council employees. She said their actions brought the Council into disrepute and was a breach of the Staff Code of Conduct. The Council refused to investigate the complaint, as it said the incident had nothing to do with their employment, and was a personal matter between the two parties. It advised Mrs X she could pursue the matter with its ASB team instead.
I appreciate Mrs X disagrees with the Council’s decision not to investigate her complaint about its staff. But the Ombudsman cannot question the Council’s decision unless there is evidence of fault in the way it was made.
There is not enough evidence of fault in the way the Council made its decision here to justify the Ombudsman starting an investigation. In reaching this view, I am mindful that: The neighbours were not conducting Council business when the alleged ASB occurred; The neighbours’ place of work does not appear to have been referred to during the incident; and, It was appropriate for the Council to signpost Mrs X to its ASB team if she continued to experience similar behaviour by her neighbours.
Final decision
We will not investigate Mrs X’s complaint because there is not enough evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman