Summary: We will not investigate Mr X’s complaint about an officer’s actions. We are unlikely to significantly improve on the Council’s replies to his complaint. And it is reasonable for him to apply to Court for any personal injury he claims to have sustained.

The complaint

1. Mr X says the Council should compensate him for the stress he says an officer’s actions caused him.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
3. 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:

• we could not add to any previous investigation by the organisation; or
• further investigation would not lead to a different outcome; or
• we cannot achieve the outcome someone wants; or
• there is no worthwhile outcome achievable by our investigation.
  (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by Mr X which included the Council’s reply.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X says a Council waste team officer was rude and threatening towards him. He says this officer knows where Mr X lives. He wants the Council to prevent the officer from coming near his home and to pay him compensation for the stress he says the incident caused him.
7. In reply to Mr X’s complaint the Council apologised. It explained how it had investigated the incident. The Council says it reminded the officer about appropriate behaviour. The Council says it has taken proportionate action. The Council accepted the situation had escalated unnecessarily between both parties.

Analysis

8. Our investigation is unlikely to achieve significantly more than the Council’s replies. We cannot investigate if the officer’s actions amounted to threatening behaviour as that is a Police role if Mr X decides to report the incident. Any claim for any effect on Mr X’s health is more suited to the Courts, which it is reasonable for Mr X to use.

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Final decision

9. We will not investigate Mr X’s complaint because we are unlikely to achieve significantly more than the Council’s replies to his complaint. Any claim for personal injuries such as stress, is more suited to the Courts, which is reasonable for him to use.

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Investigator's decision on behalf of the Ombudsman