The Ombudsman's final decision
Summary: We will not investigate this complaint about the actions of Council officers at a planning committee meeting. This is because we cannot achieve the outcome the complainant is seeking, and it is reasonable to expect him to ask the courts to decide whether the Council should pay him for damage to his home.
The complaint
Mr X complains Council officers lied at a planning committee meeting. He says they misled the committee by making false statements. He says the officers breached the Fraud Act 2006, perverted the course of justice and are guilty of misconduct in public office.
Mr X wants: The officers suspended His complaint forwarded to the police Independent structural assessments; and Compensation.
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 we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6), as amended, section 34(B)) The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My Assessment
The Ombudsman cannot investigate allegations of criminal acts or conduct. It is for Mr X to report allegations of illegality to the police.
We cannot involve ourselves in employment matters and we cannot require the suspension of Council officers.
From the information we have seen, Mr X is concerned about damage to his property. We cannot determine liability. This is a legal claim which may only be determined by insurers or the courts. It is normal procedure for persons suffering damages which they believe are caused by a council to submit an insurance claim against the Council. If the claim is refused, it is reasonable to expect them to ask the courts to decide if the Council is liable to pay for damage to his home.
Final decision
We will not investigate Mr X’s complaint because: We cannot require the Council to suspend staff.
We cannot investigate criminal acts.
We cannot decide whether the Council should pay for the damage to Mr X’s home.
Investigator's decision on behalf of the Ombudsman