The Ombudsman's final decision
Summary: We will not investigate this complaint about the Authority’s handling of a complaint relating to one of its employees. This is because the law does not allow us to investigate employment matters. And because we cannot consider the substantive issues, there is no worthwhile outcome achievable by us investigating the Authority’s response.
The complaint
Ms X complained the Authority failed to investigate allegations of abuse by one of its employees. Ms X said this caused her distress.
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 a complaint if it is about a personnel issue. (Local Government Act 1974, Schedule 5/5a, paragraph 4, as amended.
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 there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Authority.
I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate Ms X’s complaint because the law prevents us from investigating complaints related to a personnel issue and there is therefore no worthwhile outcome achievable.
Investigator's decision on behalf of the Ombudsman