Summary: We will not investigate this complaint that an officer made inappropriate comments and laughed at the complainant. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Ms X, says an officer made inappropriate comments, and laughed at her, when she rang to discuss an overpayment. Ms X felt upset and distressed.

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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. (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 Ms X and the Council. This includes the complaint correspondence. I also considered our Assessment Code.

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My assessment

4. Ms X rang the Council to discuss repaying an overpayment. She explained she is on maternity leave and struggling financially. She said she splits household bills with her partner. The Council put recovery of the overpayment on hold until Ms X returns to work.
5. Ms X subsequently complained to the Council that the officer laughed at her during the call and made comments about her partner and their relationship. In her complaint to us Ms X said the officer indicated her partner is controlling and deliberately making Ms X vulnerable. Ms X was very distressed by the comments and the officer’s behaviour.
6. In response to the complaint the Council spoke to the officer and considered the notes from the call. The Council said the call was not recorded. The Council said that, following its conversation with the officer and considering the notes, it could not uphold the complaint. It said the officer was concerned because Ms X was upset during the call and suggested Ms X speak to her partner to see if he could contribute more to the household bills while she is on maternity leave. The notes state that during the call the officer told Ms X she had not laughed at her. The Council said it is the officer’s role to offer budgeting advice but it is for Ms X to decide how she will manage finances. The Council repeated it had put recovery of the overpayment on hold.
7. I will not start an investigation because there is insufficient evidence of fault by the Council. There is no recording of the call and no independent record of what happened. Ms X has explained her understanding of the call and how upset she felt; the officer has a different view and says she was trying to help and denies laughing. I have no reason to doubt either account but I cannot form a view about what was said because there is no independent evidence. I am not saying either account is inaccurate but merely that I cannot make an evidence-based decision due to a lack of evidence. However, I can say that the Council acted appropriately by speaking to the officer, considering the notes, and explaining why the officer made suggestions. For these reasons there is insufficient evidence of fault to warrant starting an investigation.

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Final decision

8. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman