Summary: We will not investigate this complaint that an officer was rude to the complainant during a phone call. This is because there is insufficient evidence of fault by the Council, and it is unlikely we could add to the Council’s response.

The complaint

1. The complainant, Miss X, complains an officer was rude to her during a call. She says the Council allows staff to discriminate against people because it does not record calls. Miss X wants the Council to stop discriminating and record calls.

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The Ombudsman’s role and powers

2. 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 an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Miss X and the Council. This includes the complaint correspondence. I also considered our Assessment Code.

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My assessment

4. Miss X rang the Council for help as she was having difficulty understanding a letter. Miss X says the officer she spoke to was rude and kept telling her to read the letter. Miss X says she explained she struggles with her mental health but reports the officer continued to be rude and unhelpful. Miss X complained.
5. The Council spoke to the officer who could not remember the call. The Council checked the notes which stated Miss X provided some information and confirmed this in writing the next day. The Council said it could not verify what happened because the call was not recorded. The Council said it cannot currently record calls to that department because officers take payment details over the phone and this information cannot be retained. The Council said it was working to find a way to record calls but remain compliant with taking payment details. The Council said it could not establish what happened, or uphold the complaint, because there is no independent evidence.
6. I will not start an investigation because there is insufficient evidence of fault by the Council and it is unlikely I could add to the Council’s response. I have no reason to doubt what Miss X reports, and she has explained how the call upset her. But, like the Council, we make evidence based decisions and there is independent evidence to show what happened. In addition, the Council provided an appropriate explanation as to why it could not record the call and it explained the steps it is taking to enable call recording to happen in the future.

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Final decision

7. We will not investigate this complaint because there is insufficient evidence of fault by the Council and because it is unlikely we could add to the Council’s response.

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Investigator's decision on behalf of the Ombudsman