Summary: Mr X complains on behalf of his parents about the Council’s response to the complaint he made about the actions of a Council officer. The Ombudsman will not investigate the complaint because it is unlikely we can add to the investigation already carried out by the Council and an investigation is unlikely to lead to a different outcome.

The complaint

1. On behalf of his parents, Mr X complains about the Council’s response to his complaint about the lack of support provided by an officer and that the officer lied when asked about what he had done. Mr X says he wants a full investigation and for the officer to receive a written warning.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. In considering the complaint I reviewed the information provided by Mr X and the Council, including its responses to his complaint. I gave Mr X the opportunity to comment on my draft decision and considered what he said.

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What I found

4. Mr X’s parents have been caused problems by the anti-social behaviour of a neighbour who is a housing association tenant.
5. The housing association has carried out a case review in relation to the problems caused by the neighbour and the Council has been involved in this. The Council has addressed environmental health issues, particularly in relation to the lighting of bonfires which has caused Mr X’s parents nuisance and concern.
6. Mr X made a complaint to the Council about the behaviour of one of its officers involved in the case and said that the officer had lied about communication he had had with his parents and information he had provided.
7. The Council addressed Mr X’s complaint under the two stages of its complaints procedure. It explained the role of its officer and did not accept that he had lied. It stressed that the neighbour’s case was still the focus of all the parties involved and that it sincerely apologised if Mr X’s parents had felt otherwise.

Assessment

8. The housing association as landlord is the lead body in the case concerning the neighbour’s anti-social behaviour and the Council has supported it in addressing the problems caused by the neighbour.
9. I have noted what the Council has said in response to Mr X’s complaint but I do not consider an investigation by the Ombudsman would be likely to add to that already carried out by the Council or be likely to lead to a remedy different to the apology already given. Mr X says he wants the officer involved to receive a written warning letter but even if we investigated and found fault, this is not a remedy we would seek.
10. In responding to my draft decision Mr X says taxpayers like his parents pay the wages of council employees and that employees should face the consequences of a lacklustre attitude such as that shown by the officer he has complained about. He says in responding to his complaint the Council got things wrong, stating he had said things he had not and not fully understanding his complaint. However, the substantive issues are clear and I do not consider there are grounds which warrant a formal investigation by the Ombudsman.
11. Mr X asks how an employee who is not doing their job properly is “punished”. Under the legislation which sets out the Ombudsman’s powers, we cannot investigate complaints about personnel issues. Disciplinary issues are for the council as the employer to address and they are not matters we are involved with.

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Final decision

12. The Ombudsman will not investigate this complaint. This is because it is unlikely we can add to the investigation already carried out by the Council and an investigation is unlikely to lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman