Source · SPSO (Scottish Public Services Ombudsman)

Scottish Borders Council

SPSO (Scottish Public Services Ombudsman) Not Upheld Reference 201407836 Sector Local Government Category communication staff attitude and confidentiality Decided 01 September 2015

View Scottish Sports Council scorecard

Full decision

Summary

Mr C complained that a council officer unreasonably barred his entry into a public event that was being held in a council facility. He also complained that the officer's behaviour at the time was inappropriate. He then complained to the council about this incident but was dissatisfied with their investigation and response. He said that they had not explained the complaints process to him, and they had not interviewed the only independent witness to these events.

We considered the investigation carried out by the council and noted that they had given Mr C information about the complaints process and asked for contact details for his witness by email. We noted, however, that one of these emails was returned undelivered as the email address, despite being correct, was not recognised. We were satisfied that they had properly investigated his complaint and asked for the witness's details, which Mr C had not originally provided. We also noted that council staff were entitled to take action where they consider that their staff are likely to be subjected to unacceptable behaviour by a member of the public, and that this complied with the council's unacceptable actions policy and their policy on dignity and respect in the workplace. We found no additional evidence to support Mr C's claim that staff had behaved inappropriately when barring him from the event. For these reasons, we did not uphold his complaint. However, we did recommend that, for the sake of completeness, the council now contact his witness to see whether his recollection of events would affect their decision on Mr C's complaint. We also recommended that they ensure that all incidents of unacceptable behaviour by members of the public are properly recorded in line with their own procedures.

Recommendations

We recommended that the council: phone Mr C's witness to discuss his recollection of the incident and consider whether his testimony would alter their decision on Mr C's case; and ensure that all incidents of unacceptable behaviour towards staff, in council offices or outwith the workplace, are recorded appropriately and in line with their unacceptable actions policy and their policy on dignity and respect in the workplace.

Related reading

View Decision Report 201407836 as a PDF (12.96 KB) Updated: March 13, 2018

View original on SPSO (Scottish Publ… website

Other decisions involving Scottish Borders Council

Reference Date Summary Outcome
202206940 01 Sep 2024 C complained that the council unreasonably failed to investigate and respond appropriately to incidents of bullying behaviour towards their child … Upheld
202002441 01 May 2023 C cares for their spouse (A) who has Alzheimer's disease. C complained about the council's social work department, after they … Not Upheld
202003481 01 Oct 2022 C complained that social work failed to reasonably assess A’s needs following a hospital admission, in relation to whether they … Partly Upheld
201902069 01 Aug 2021 C complained about the council's social work involvement with their child (A). A had a range of conditions that affected … Upheld
201901597 01 Jun 2021 C complained that the council failed to provide kinship care allowance after they had moved into the area from England, … Not Upheld
View all decisions for this organisation