Dorset Council (22 010 263)
Category : Environment and regulation > Refuse and recycling
Decision : Closed after initial enquiries
Decision date : 15 Nov 2022
The Ombudsman's final decision:
Summary: We will not investigate Mr B’s complaint about a Council employee’s post on social media, because it is not an action the Council is responsible for.
The complaint
- Mr B says a Council employee posted a photograph on social media of Mr B’s car saying how easy it was to steal. Because of this Mr B has bought security cameras and equipment to protect his vehicle. Mr B is anxious about potential theft of his vehicle which is affecting his sleep. Mr B wants the Council to pay for the security devices and measures he has taken.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)
How I considered this complaint
- I considered information provided by the complainant. I considered the Ombudsman’s Assessment Code.
My assessment
- Although the Council employee may have been in Mr B’s road for the purpose of their work, posting a photograph on social media was not an action the employee took in the exercise of the functions of the Council.
- The Council is not responsible for actions its employees take in their personal life.
- Mr B’s claimed injustice of the cost of installing security equipment and devices does not flow directly from any administrative function of the Council.
Final decision
- We will not investigate Mr B’s complaint because it is not about an action that the Council is responsible for.
Investigator's decision on behalf of the Ombudsman