Summary: We will not investigate this complaint about how the Council's investigation into officer conduct may impact on a future decision of the Council. This is because the injustice to Mr X is speculative at this time, and we cannot achieve the outcome he seeks.

The complaint

1. Mr X complains the Council did not impartially investigate a complaint he made about the conduct of one of its officers. Mr X says the officer in question is to be involved in a decision about a request Mr X has made to the Council and Mr X is concerned that the request will not be treated fairly, given his previous complaint. Mr X wants to be present at the meeting where the decision will be made, for action to be taken against the officer and for a review of the Council’s complaint procedure.

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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.

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 any injustice is not significant enough to justify our involvement, or we cannot achieve the outcome someone wants (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. We will not investigate this complaint as we cannot achieve the outcome Mr X seeks. We cannot compel the Council to allow Mr X to be present at any decision-making meeting or for it to take disciplinary action against one of its staff. The Council’s published complaints procedure gives no grounds for concern and as such we cannot ask it to review it.
6. In addition, Mr X’s concerns relate to something yet to happen and therefore any injustice to him is currently speculative. We would not investigate on this basis. Once the decision in question is taken, Mr X can complain to the Council if he is unhappy with it and then to us, should he remain dissatisfied.

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Final decision

7. We will not investigate Mr X’s complaint because the injustice currently is speculative, and we cannot achieve the outcome he seeks.

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Investigator's decision on behalf of the Ombudsman