Summary: We will not investigate Mr X’s complaint that he has been accused of being racist. This is because a further investigation by this office could not add to the responses already provided via the Council’s previous investigation of the matter.

The complaint

1. The complainant, Mr X, complains a social worker accused him of being racist during a telephone call and that the manager who called him to discuss this also implied he was racist. He also complains the Council accused him of micro aggressions in its complaint response.

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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 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)
3. 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 or continue an investigation if we decide:

• we could not add to any previous investigation by the organisation, 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

4. I considered information provided by the complainant and the Council. This included the recordings of the two telephone calls and the complaint correspondence.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained to the Council that a social worker accused him of being racist following a phone call when he said he could not understand her due to her strong accent. A manager phoned Mr X following the call and Mr X says the manager implied he was racist and harassed him.
7. In its response, the Council explained Mr X had not been accused of racism. The manager had called him to explore his comments to the social worker which had made her feel uncomfortable. It listened to the call recordings and noted in its complaint response that some of Mr X’s comments could be viewed as microaggressions. It found no evidence to support Mr X’s view that the manager harassed him.
8. Mr X remains dissatisfied with the Council’s response and that it also added reference to microaggressions in its complaint response.
9. We will not investigate Mr X’s complaint. This is because a further investigation by this office is unlikely to be able to add significantly, if at all, to the responses the Council has already provided via its own investigation of the matter. The Council confirmed no allegation of racism had been made against Mr X by the social worker and it explained the reason for the manager’s call. I have listened to these calls and can see no evidence to support Mr X’s view that he was accused of being racist nor that he was harassed by the manager during the subsequent call.
10. It is clear both parties have a differing view on how Mr X’s comments could be perceived and it is not disputed that Mr X’s comments offended the social worker. I do not see that any further investigation of this matter is likely to change either party’s view on this and the available information has already been considered via the Council’s investigation. The Council clearly explained why it considered Mr X’s comments could be viewed as a microaggression. Whilst I note Mr X disagrees with the Council’s view I can see no sign of fault in the Council’s comments in this regard. This does not mean that Mr X intended to offend the social worker with his comments.

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Final decision

11. We will not investigate Mr X’s complaint. This is because a further investigation of the matter by this office could not add to the responses the Council has already provided via its own investigation of the matter.

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Investigator's decision on behalf of the Ombudsman