Summary: We will not investigate this complaint about the conduct of a council officer outside her working hours and outside her role as an employee. The complaint does not meet the tests in our Assessment Code about how we decide which complaints to investigate.

The complaint

1. The complainant, I shall call Mr A, says a Council Officer abused her position to gain control of a local charity. He says she is running the charity for her own self-interest and has conspired with others to expel him from the charity and mobilised a network of local government officers top personally abuse him.
2. He wants the Council to demand the Officer to resign from the charity as part of disciplinary action.

Back to top

The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A (6), as amended)
4. We cannot investigate a complaint if it is about a personnel issue. (Local Government Act 1974, Schedule 5/5a, paragraph 4, as amended)

Back to top

How I considered this complaint

5. I considered information provided by Mr A and the Council.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. The Council has confirmed the complaint is about the Officers’ activities in their own time. It is not connected to their role as a Council employee and the Council does not consider there is a conflict of interest. Therefore, the Council cannot take any action.

It suggested Mr A contact the charity for it to deal with his concerns under its own governance procedures.

Back to top

Final decision

8. We will not investigate Mr A’s complaint because:
• we could not add to any previous investigation by the Council
• further investigation would not lead to a different outcome
• we cannot achieve the outcome Mr A is seeking as we cannot involve ourselves in personnel matters including disciplinary proceedings; and
• there is another body better placed to consider this complaint.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman