Summary: We will not investigate this complaint about staff behaviour. This is because there is not enough evidence of fault in the way the Council reached its decision to justify investigating and there is another body better placed to investigate.

The complaint

1. Ms X is unhappy with the way a Community Safety Specialist (CSS) treated her, after observing her littering. Ms X says the CSS followed her into her work, barged into a private meeting and has since contacted her employer to find out her details. Ms X says this caused her distress and she was signed off work. Ms X would like the Council to provide training to the CSS and discipline them.

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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 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:

• there is not enough evidence of fault to justify investigating, or
• there is another body better placed to consider this complaint, or

(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 Ms X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X was approached by a CSS after they observed her littering. Ms X has accepted that she littered. The Council say Ms X refused to provide her details to the CSS; Ms X says this was because she was fearful. Ms X has complained that, following this refusal, the CSS followed her into her workplace, burst into a confidential meeting and later contacted her employer to try and obtain her details.
6. When investigating Ms X’s complaint, the Council considered CCTV footage, staff and witness accounts and legislation. It explained to Ms X why it considered the CSS’s behaviour was in line with their duties.
7. The Ombudsman cannot question whether a Council’s decision is right or wrong simply because a complainant disagrees with it, unless there is evidence of fault. Here, the Council reviewed contemporaneous evidence and took Ms X’s individual circumstances into account. Therefore, we will not investigate this complaint because there is not enough evidence of fault in the way the Council reached its decision.
8. In addition if Ms X believes the CSS acted unlawfully, she would need to seek independent legal advice. The Ombudsman cannot decide if a person has committed an offence or acted outside of their legal powers, and cannot recommend actions or payments that ‘punish’ the Council or its staff. These are matters for the courts and it would be reasonable for Ms X to ask the courts to decide.

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Final decision

9. We will not investigate Ms X’s complaint because there is not enough evidence of fault in the way the Council reached its decision to justify investigating and there is another body better placed to investigate.

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Investigator's decision on behalf of the Ombudsman