Summary: We will not investigate this complaint that the Council failed to properly investigate abusive behaviour by a staff member at a recycling centre. We could not achieve a worthwhile outcome for the complainant.

The complaint

1. Mrs X says a member of staff at a recycling centre shouted and repeatedly swore at her, and complains the Council has failed to properly investigate the incident.

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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.
3. We can 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:

• 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))

4. In that regard, 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

5. I considered information provided by Mrs X and the Council.
6. I also considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council has apologised to Mrs X for the distress caused by the actions of its staff member. And in response to our enquiries, the Council has confirmed the matter was managed in accordance with its Human Resources (HR) processes. It said the matter had been fully investigated with an outcome reached and decisions made.
8. As the Ombudsman cannot investigate personnel issues, recommend disciplinary action, or divulge information to Mrs X about the outcome of the Council’s HR investigation, we could not achieve a worthwhile outcome or anything more for her. So, we will not start an investigation.

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Final decision

9. We will not investigate Mrs X’s complaint because we could not achieve a different or worthwhile outcome for her.

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Investigator's decision on behalf of the Ombudsman