The Ombudsman's final decision
Summary: We will not investigate this complaint about a Council employee. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is no evidence of fault in how the Council has responded to Mr X’s complaint about a Council employee.
The complaint
Mr X complains about his ex-partner, a Council employee, taking drugs with other Council employees. Mr X would like all employees to be drug tested.
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 do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended) We cannot investigate a complaint if it is about a personnel issue. (Local Government Act 1974, Schedule 5/5a, paragraph 4, as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I also considered the Ombudsman’s Assessment Code.
My assessment
The Council has responded to Mr X to say, in effect, it has no concerns about its employees. It has also advised Mr X that it cannot assist him with his legal efforts to get custody over a child that concerns its employee.
We will not investigate. We have no powers to look at the Council’s actions as an employer investigating its employees. Mr X has received a response from the Council, and I do not see evidence of fault in the way it has responded.
Final decision
We will not investigate Mr X’s complaint because there is no evidence of fault in how it has responded to his complaint.
Investigator's decision on behalf of the Ombudsman