Summary: We will not investigate this complaint about the Council referring to Miss X in a derogatory way. This is because the complaint is late and it would have been reasonable for Miss X to bring it to us sooner.

The complaint

1. Miss X complains about a comment made by a council officer in 2020 which referred to her in a derogatory way. She says this caused her distress.
2. Miss X wants the Council to apologise to her and take disciplinary action against the officer.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

6. I considered information provided by Miss X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Miss X has been aware of the comment since 2020 but did not complain to the Council about it until December 2025.
9. The Council’s response recognised the seriousness of the concern raised by Miss X but decided not to investigate as the incident had taken place more than 12 months before. It was not therefore subject to an investigation as per its policy and it found no good reasons to treat the case as an exception to the policy.
10. Because Miss X was aware of the issue more than 12 months before she complained to us, her complaint is late. I have seen no good reasons why Miss X could not have complained to us sooner and I have therefore decided not to exercise my discretion to investigate it.
11. However, even if Miss X’s complaint had been in time we could not achieve the outcome Miss X wants. This is because we have no powers to recommend disciplinary action against council employees; this is a matter for the council alone and its decisions on personnel matters are not subject to investigation or interference by the Ombudsman.

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Final decision

12. We will not investigate Miss X’s complaint because it is late and it would have been reasonable for Miss X to bring it to us sooner.

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Investigator's decision on behalf of the Ombudsman