Summary: We will not investigate this complaint about the Council’s consideration of an allegation of bullying of a Council volunteer. The complaint is too similar to complaints about personnel issues which are outside our jurisdiction.

The complaint

1. The complainant, who I shall call Miss X, complains the Council failed to properly investigate her complaint about the actions of certain individuals. She says this caused her to resign from the volunteer position she had held with the Council for more than 3 years.
2. Miss X wants the Council to:
• apologise for the distress it has caused her
• recognise staff action and attitude towards her was not acceptable
• closely oversee the employees who were party to her complaint
• review the complaints process
• complete a thorough investigation which includes speaking to the volunteers, not just employees

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A (6) and 34B (8), as amended)

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How I considered this complaint

5. I considered:
• the information provided by Miss X in her complaint form
• her complaints to the Council and its responses

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What I found

6. Miss X was a volunteer for the Council for 3 years.
7. In March, she expressed concerns about the way a council officer was running an event. Miss X says because of this Council staff bullied her so she raised a complaint.
8. The Council’s responses acknowledge the event which was the subject of Miss X’s original concerns could have been better managed. However, it does not uphold her complaint about the alleged bullying. It states it never intended to make her feel excluded from the team. It confirms it is grateful for her contribution to its campaign over the years. However, it also accepts Miss X was not happy in her volunteering role and agrees this has ended.

Assessment

9. The Ombudsman cannot investigate employment matters. Complaints about the appointment, removal, discipline, or similar personnel matters are outside our jurisdiction.
10. It is arguable that an authority’s 'personnel' includes its volunteers. Volunteers are increasingly being used, directly or indirectly, to carry out council services.
11. In this case, Miss X’s complaint is about the Council’s handling of an allegation of bullying which she experienced in her position as a volunteer for the Council.
12. Having sought advice from senior colleagues, I consider this to be very similar to personnel matters which are outside our jurisdiction. I have therefore decided to exercise my discretion under section 24 A (6) of the Local Government Act 1974 and not start an investigation into this complaint.

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Final decision

13. I will not investigate this complaint as it is about matters too similar to personnel issues, which we do not have power to investigate.

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Investigator's decision on behalf of the Ombudsman