Summary: We will not investigate this complaint about a Councillor allegedly making slanderous and defamatory statements about Mr X and his business on social media. The Councillor was not acting on behalf of the Council, therefore there is insufficient evidence of fault by the Council. It is reasonable to expect Mr X to take legal action against Councillor Y.

The complaint

1. Mr X complains that Councillor Y made slanderous and defamatory comments about him on social media. Mr X says this caused him anxiety and personal loss. Mr X also complains about how the Council has dealt with his complaint.

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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 or may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating, or we could not add to any previous investigation by the organisation.(Local Government Act 1974, section 24A(6))
3. 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)
4. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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How I considered this complaint

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

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My assessment

7. Mr X says that Councillor Y has made slanderous and defamatory statements about him and his business on social media.
8. The Council conducted a standards assessment which found the comments made by Councillor Y were not in his official capacity as a Councillor. There is therefore insufficient evidence of fault by the Council.
9. We cannot add to the investigation undertaken by the Council.
10. Slander and defamation are legal matters which the courts are the appropriate body to determine. It is reasonable to expect Mr X to take legal action.

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Final decision

11. We will not investigate Mr X’s complaint because there is insufficient evidence of fault and we cannot add to the investigation undertaken by the Council. It is reasonable to expect Mr X to take legal action against Councillor Y.

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Investigator's decision on behalf of the Ombudsman