The Ombudsman's final decision
Summary: We will not investigate this complaint about the actions of an employee of an organisation attending an event run by the Council. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The actions complained are not an administrative function of the Council.
The complaint
Ms X complains a member of her staff experienced harassment and threatening behaviour from another organisations' representatives at a Council-run event.
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 complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) as amended).
How I considered this complaint
I considered information provided by Ms X.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X’s complaint derives from the actions of an employee of a private organisation against a member of staff from the organisation represented by Ms X.
The event attended by both organisations was run by the Council. However, the actions of the person at the heart of the complaint were not the actions of a Council employee. Nor were they the actions of a person representing the Council. Therefore, the complaint does not concern an administrative function of the Council because the Council has no responsibility for the organisation involved.
Final decision
We cannot investigate Ms X’s complaint because the matter complained of is not about an administrative function of the Council.
Investigator's decision on behalf of the Ombudsman