Summary: We will not investigate this complaint about a letter sent to Mr X by the Council which he considers to be defamatory. This is because an investigation is unlikely to add to the investigation already carried out by the Council or lead to a different outcome and if Mr X believes he has been defamed, the courts are best placed to determine such a claim.

The complaint

1. The complainant, who I refer to as Mr X, complains about a letter he received from a Council officer which he considers to be defamatory, and about the Council’s response to his complaint about the matter.

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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 may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by Mr X, including the Council’s response to his complaint.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. While complaining to the Council about services it was providing, Mr X received a letter from Officer A which Mr X considered had defamed him.
6. While the Council did not consider the letter to have been defamatory, it acknowledged it should not have been sent and apologised for any upset and distress caused to him. It recognised that Officer A should have discussed matters with his manager rather than sending the letter he did, and it gave a commitment that there would be no repeat of what had occurred.
7. While I understand Mr X is not satisfied with the Council’s response, I do not consider an investigation by the Ombudsman would be likely to add to that already carried out by the Council or lead to a different outcome.
8. The Council has acknowledged and apologised for the actions of the officer in sending the letter to Mr X. It has spoken to the officer and is satisfied he will not act in the same way again. Whether Mr X has been defamed is a legal matter which the courts, and not the Ombudsman, are best placed to determine.

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Final decision

9. We will not investigate Mr X’s complaint because an investigation is unlikely to add to the investigation already carried out by the Council or lead to a different outcome and if Mr X believes he has been defamed, the courts are best placed to determine such a claim.

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Investigator's decision on behalf of the Ombudsman