Summary: We will not investigate this complaint about an incident at the waste and recycling centre. This is because the Council has provided a satisfactory response which we could not add to, and because we cannot achieve the outcome the complainant wants.

The complaint

1. The complainant, Mrs X, complains about the behaviour of a worker at the waste and recycling centre. Mrs X wants the worker to be transferred to a job that does not involve working with the public.

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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 an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• we cannot achieve the outcome someone wants, or
• we are satisfied with the actions an organisation has taken or proposes to take.

(Local Government Act 1974, section 24A(6) & (7), as amended, section 34(B))

3. We cannot investigate a complaint if it is about a personnel issue. (Local Government Act 1974, Schedule 5/5a, paragraph 4, as amended)

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How I considered this complaint

4. I considered information provided by Mrs X and the Council. This includes the complaint correspondence. I also considered our Assessment Code.

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My assessment

5. Mrs X complained to the Council about an incident with a worker at the waste and recycling centre. She says he was rude, bad mannered and failed to help even though it was clear she had health issues and would need help. Mrs X says she was very upset by what happened.
6. In response, the Council explained the reason for the worker’s request about how Mrs X should dispose of the waste. The worker denied the allegations, but the Council accepted his actions may have appeared impolite or intimidating. The Council apologised for the upset caused and accepted that what happened fell short of the expected standards. The Council said it would use the incident as a learning tool and said it had raised it as an issue with the worker.
7. I appreciate Mrs X was upset by the way she was treated and it made her doubt whether she could return. However, I will not start an investigation because the Council has provided a satisfactory response. It is unlikely we could add to that response and, while Mrs X disputes some of the Council’s conclusions, there is not enough independent evidence to form a view about what happened. That is not to doubt what Mrs X says, but we make evidence-based decisions and, without that, or witnessing the event, we cannot add anything more to the Council’s response.
8. Further, we cannot achieve the outcome Mrs X has asked for. We have no power to intervene in disciplinary or personnel issues and cannot ask the Council to move the worker to another role or take any other action against him.

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Final decision

9. We will not investigate this complaint because the Council has provided a satisfactory response which we cannot add to, and because we cannot comment on personnel issues.

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Investigator's decision on behalf of the Ombudsman