Summary: We will not investigate this complaint about alleged slander in a Council assessment. The matter complained of is late and there is no good reason to exercise discretion to consider it. Slander is also a matter for a court, and it would be reasonable for Miss X to exercise her right to go to court if she is seeking a finding of slander and a large sum of compensation. She also has the right to approach the Information Commissioner’s Office, which is better place d than us to consider any complaint about the Council maintaining inaccurate personal data.

The complaint

1. Miss X said the Council slandered her in an assessment, stating things that are not true. She wants the Council to pay a large sum in compensation.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
5. The Ombudsman investigates 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 or may decide not to continue with an investigation if we decide:

• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The complaint correspondence with the Council Miss X provided showed the complaint concerns an assessment carried out by the Council in 2017 or 2018.

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Final decision

9. We will not investigate Miss X’s complaint because:

• The complaint is late and there is no good reason to exercise discretion to investigate it now;
• Slander and libel are matters for a court to decide, and only a court could order a large sum in compensation, so it would be reasonable for Miss X to go to court;
• The Information Commissioner’s Office is better placed than us to consider a complaint of maintaining inaccurate data about a person, as it has the right to require rectification and impose penalties, which we do not have; and
• We could not achieve the outcome Miss X is seeking.

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Investigator's decision on behalf of the Ombudsman