The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s interaction with Mr X at a registry office. This because it is unlikely we could add anything to the Council’s response, and we cannot achieve what Mr X is looking for.
The complaint
Mr X was unhappy with the conduct of several members of staff he encountered at a registry office when he was registering the death of a relative. He said they were rude and dismissive and he alleged racist behaviour. Mr X said this caused himself and another relative untold upset.
Mr X wants an investigation and for the staff to be disciplined.
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, or we cannot achieve the outcome someone wants. (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 I considered the Ombudsman’s Assessment Code.
My assessment
Mr X said he encountered several members of staff, over four separate occasions, while he was involved in registering the death of a relative. The Council investigated and gave him a response. Mr X was unhappy with this and the way the Council’s final response signposted him to us.
We will not investigate Mr X’s complaint because the Council has investigated his concerns and that is what we would expect the Council to do. I acknowledge Mr X disagrees with the outcome of that. Our role is to investigate allegations of systemic fault in the Council’s administrative process, rather than individual complaints about staff conduct. Additionally, I have read the Council’s final reply to Mr X and have no concerns over how it signposted him to us.
In any case we cannot discipline or require the Council to discipline staff and so cannot achieve what Mr X is substantially looking for.
Final decision
We will not investigate Mr X’s complaint because could add anything to the Council’s response, and we cannot achieve what Mr X is looking for.
Investigator's decision on behalf of the Ombudsman