Sefton Metropolitan Borough Council (20 010 657)
Category : Children's care services > Other
Decision : Closed after initial enquiries
Decision date : 11 Mar 2021
The Ombudsman's final decision:
Summary: We cannot investigate Mr and Mrs B’s complaint that the Council has failed to take action in response to their complaint about a member of its staff. This is because the action they complained about does not relate to the delivery of the Council’s functions, and the outcome they want relates to its role as an employer.
The complaint
- The complainants, who I will refer to as Mr and Mrs B, complain that the Council has failed to take action in response to their complaint of harassment by a member of its staff.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)
- We cannot investigate a complaint if it is about a personnel issue. (Local Government Act 1974, Schedule 5/5a, paragraph 4, as amended)
How I considered this complaint
- I have considered what Mr and Mrs B have said in support of their complaint and the complaint correspondence provided by the Council.
What I found
- Mr and Mrs B say they have suffered harassment from neighbours, one of whom works for the Council. They have asked the Council to take action against the staff member and complain that it has not done so.
- The Ombudsman cannot investigate this complaint. This is because the action Mr and Mrs B are seeking falls under the Council’s role as an employer, and the issue they complain about does not relate to the delivery of the Council’s functions. Rather, it relates to a private matter. We cannot therefore consider how the Council has responded to it.
- For these reasons, Mr and Mrs B’s complaint falls outside the Ombudsman’s jurisdiction and we cannot intervene. If Mr and Mrs B believe they have been subject to harassment, that is a matter for the police, not the Council.
Final decision
- We cannot investigate this complaint. This is because the action complained about does not relate to the delivery of the Council’s functions, and the outcome they want relates to its role as an employer.
Investigator's decision on behalf of the Ombudsman