Summary: We will not investigate this complaint about information provided to us by the Council in relation to Mrs X’s previous complaint. This is because we cannot determine whether the information was libellous/defamatory, and if Mrs X believed it affected our decision she should have requested a review.

The complaint

1. Mrs X complains the Council provided inaccurate and libellous information about her intentions to the Ombudsman as part of our assessment of her previous case. She says she complained to the Council but has not received a 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. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)

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How I considered this complaint

5. I considered information provided by Mrs X and the Ombudsman’s Assessment Code.

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My assessment

6. Contrary to Mrs X’s belief it is not our role to determine claims of libel and defamation; these are matters for the courts.
7. In any event, if Mrs X had wished to challenge our decision with reference to the information the Council provided on her previous complaint she should have done so at the time.
8. Mrs X says she instructed a solicitor to complain to the Council and wants the Council to pay her legal fees, but this is not something we would recommend. Mrs X has raised numerous other complaints with the Council and did not need to appoint a solicitor to raise this issue. If she believes she is entitled to damages, including in the cost of her solicitor’s fees, it would be reasonable for her to make a claim against the Council at court.
9. Mrs X is also unhappy with the way the Council dealt with her complaint. But it is not a good use of public resources to look at the Council’s complaints handling if we are not going to look at the substantive issue complained about. We will not therefore investigate this issue separately.

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Final decision

10. We will not investigate this complaint. If Mrs X believes she is entitled to compensation it would be reasonable for her to take the matter to court.

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Investigator's decision on behalf of the Ombudsman