The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s actions relating to a volunteer group. We have not seen enough evidence of fault in the Council’s actions to warrant our involvement.
The complaint
Ms X complains the Council failed to protect the public from abuse from volunteers.
Ms X says she was victimised and racially discriminated against by the group the Council continued to support.
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 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 further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Ms X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X says the Council failed to protect her from the actions of members of a volunteer group of which she was previously a member.
The Council confirms the volunteer group is independent of the Council and it has no authority to intervene in the group’s actions.
However, to try and resolve the differences within the group officers have: Attended the volunteer group’s open meeting and annual general meeting (AGM); and Discussed issues with Ms X and group committee members.
It also arranged for mediation between Ms X and the volunteer group to try and resolve any complaints and difficulties. It says it is unable to offer further assistance.
The Ombudsman cannot consider the merits of a decision unless there is fault in the process the Council followed to come to that decision.
I understand Ms X believes the Council should do more and intervene in the internal actions of the volunteer group. However, the group is independent of the Council. It is not a public authority and therefore the actions of the volunteer group are not a matter for the Council and are not within the Ombudsman’s jurisdiction.
Final decision
We will not investigate Ms X’s complaint because I have not seen enough evidence of fault in the way the Council considered Ms X’s concerns to warrant our involvement.
Investigator's decision on behalf of the Ombudsman