Summary: We will not investigate this complaint alleging fraud by a person linked to a council employee. This is because we are unlikely to be able to add to the Council’s responses.

The complaint

1. Mr X alleges the Council has failed to investigate fraud and deception by an individual linked to a Council employee.

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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:

• we could not add to any previous investigation by the organisation

(Local Government Act 1974, section 24A(6), 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 the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. I have seen information showing the Council responded to Mr X’s concerns on several occasions explaining that his allegations have been passed to the appropriate departments for consideration. And that it would not be providing any information to avoid breaching the personal data of the Council employee in question.
7. In particular, the Council confirms that the trading standards complaint has been referred to the trading standards department local to where the business activity is located in a different council area. And the allegations about benefits fraud are for another council and also the department for works and pensions.
8. We will not investigate. The Council has responded appropriately to Mr X’s concerns and made referrals to the relevant authorities. As outlined in paragraph three, we have no remit to look at the Council’s role as an employer regarding its investigation of its employee. Further, it has explained the reasons it cannot provide updates. In these circumstances we are unlikely to add to the Council’s investigation.

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Final decision

9. We will not investigate Mr X’s complaint because we could not add to the Council’s investigation.

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Investigator's decision on behalf of the Ombudsman