The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint that a council officer made offensive comments about people from Scotland. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We have no remit to consider matters raised during court proceedings. And also as we cannot achieve the outcome requested.
The complaint
Mr X says a council officer made bigoted remarks about Scottish people talking too much. He complains they denied it and then admitted in court. While Mr X says the comments were directed at third parties, and not himself or his family, he found the comments derogatory.
He would like the officer sacked and two colleagues - who laughed on hearing the remarks - reprimanded.
The Ombudsman’s role and powers
We cannot investigate a complaint once court action has started or about matters raised during court proceedings. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended) We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We provide a free service but must use public money carefully. We do not start an investigation if we cannot achieve the outcome someone wants (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant which includes the Council’s response.
I considered the Ombudsman’s Assessment Code.
My Assessment
The Council has investigated the matter and said the officers were unable to recall the comments. However, it will send the officer in question on anti-racism training and issue a reminder to all colleagues that it strives to be an inclusive organization. It also apologised for any hurt caused.
Final decision
We cannot investigate Mr X’s complaint because it was raised during court action. And also as we cannot achieve the outcome requested.
Investigator's decision on behalf of the Ombudsman