The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about a statement made by the Council to his prospective employer. This is because the statement did not cause him significant injustice. Mr X alleges slander but this is a legal issue and if he wishes to pursue it, it would be reasonable for him to go to court.
The complaint
The complainant, Mr X, complains the Council made a slanderous statement about him to a prospective employer.
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 Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. 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 Mr X and the Ombudsman’s Assessment Code.
My assessment
We do not investigate all the complaints we receive. In deciding whether to investigate we need to consider various tests. These include the alleged injustice to the person complaining. We only investigate the most serious complaints.
I understand Mr X may have been distressed and embarrassed by the statement but there is no evidence to show it caused him significant injustice. Mr X confirms the prospective employer offered him a job and we cannot recommend compensation as a punishment for the Council.
Slander is a private civil matter and if Mr X considers the Council caused him reputational damage it would be reasonable for him to make a claim to its insurers and, if he is not happy with its response, to take the matter to court.
Final decision
We will not investigate this complaint. This is because the Council’s actions did not cause Mr X significant injustice. If Mr X believes he is entitled to compensation for slander it would be reasonable for him to go to court.
Investigator's decision on behalf of the Ombudsman