The Ombudsman's final decision
Summary: We will not investigate this complaint about the actions of Council officers when events led to him leaving the family home. Investigation by us would not lead to a different or worthwhile outcome.
The complaint
Mr X complained of: discriminatory and unprofessional conduct by Council officers; a failure to properly investigate his complaint about this; and premature decisions about his housing need.
He said this affected his health.
He wanted: a formal apology from the Council for the distress caused; a re-evaluation of his housing application; disciplinary action against staff members involved; an independent review of a children’s social care assessment; and an investigation by the Ombudsman.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate a complaint if it is about a personnel issue. (Local Government Act 1974, Schedule 5/5a, paragraph 4, as amended) We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B)) 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: we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome, or we cannot achieve the outcome someone wants, or there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The matters complained of arose following a relationship break-up and allegations and counter-allegations between Mr X and his former partner. It became necessary for either Mr X or his former partner to leave the family home, and Council officers were present. Mr X said comments made by a Council officer were discriminatory and unprofessional. There has also been court action regarding the former partners, and there has been disagreement between the former partners about contact arrangements for their children.
There is no agreement about exactly what a Council officer said to Mr X when she attended. It is unlikely that investigation by us would establish that. But the Council has apologised that what the officer said to Mr X may not have been acceptable. We would not recommend more than the apology even if we could establish exactly what was said.
In responding to Mr X’s complaint, the Council offered to consider a new application for housing from him. Were we to investigate, we would not recommend more than that.
Disciplinary action is a personnel matter. We cannot make recommendations about internal sanctions against employees of the Council.
The social care assessment of the family is closely connected to the Council’s views about the former partners and the care of the family's children. There has already been court action concerning the relationship between Mr X and his former partner. And the allegations between the former partners concern matters that amount to possible child protection concerns. In that context, there is a strong likelihood that further court action will be necessary to regulate contact arrangements with the children of the family, which are currently not agreed. It would be for a court to decide whether the assessment the Council has carried out is fit for purpose.
Final decision
We will not investigate Mr X’s complaint because doing so would be unlikely to: add to the Council’s investigation; or lead to a different outcome; or achieve the outcome Mr X is seeking; or result in a worthwhile outcome.
Investigator's decision on behalf of the Ombudsman