Summary: We will not investigate this complaint about a comment a Council officer allegedly made to the complainant. This is because it is unlikely we could add to the Council’s response and we cannot achieve part of the outcome the complainant would like to achieve.

The complaint

1. The complainant, whom I refer to as Mr X, says an officer made inappropriate comments after he disclosed he was feeling suicidal. Mr X wants an apology, compensation and for the officer to be dismissed.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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.

(Local Government Act 1974, section 24A(6))

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 Mr X and the Council. This includes the complaint correspondence. I also considered our Assessment Code and invited Mr X to comment on a draft of this decision.

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My assessment

5. Mr X spoke to an officer on the phone and disclosed he was feeling suicidal. Mr X says the officer’s response was mocking, sarcastic, lacking in empathy and inappropriate. Mr X complained to the Council.
6. In response the Council spoke to the officers involved and read the case notes. The Council established the call had not been recorded. The Council explained to Mr X there was no independent evidence to support his allegation. It said the officer denied responding inappropriately but had instead offered to call the police – an offer Mr X declined. The Council noted Mr X been frustrated during the call as he was not able to get the outcome he wanted. The Council said that due to the lack of evidence it could not make any finding on what was said during the call.
7. We will not investigate this complaint because it is unlikely we could add to the Council’s response. There is no recording of the call so nothing we could listen to and it is unlikely the officer would give a different response to the one she has already provided. I acknowledge Mr X’s position that the officer provided a poor response and I have no reason to doubt what he says; but, equally, there is no evidence on which I can doubt the Council’s response or come to a different view.
8. Mr X would like the officer to be dismissed. We cannot get involved in personnel matters and we have no power to ask for someone to be disciplined or dismissed.

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Final decision

9. We will not investigate this complaint because it is unlikely we could add to the Council’s response and we cannot achieve part of the outcome Mr X would like to achieve.

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Investigator's decision on behalf of the Ombudsman