Cambridge City Council (19 017 408)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 16 Mar 2020
The Ombudsman's final decision:
Summary: The Ombudsman cannot investigate this complaint about an aborted private vehicle sale involving the complainant and a Council officer. This is because the Council officer was not performing an administrative function on behalf of the Council.
The complaint
- The complainant, who I refer to as Mr X, complains that he was involved in a private vehicle sale with a Council officer, which the Council officer unexpectedly withdrew from. Mr X complains that the Council has failed to consider and investigate properly his complaint against the Council employee.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate complaints about the actions of a council otherwise than in connection with the exercise of its administrative functions. (Local Government Act 1974, section 26(1), as amended)
How I considered this complaint
- I have reviewed the information and evidence provided by Mr X and the Council. I have assessed Mr X’s complaint in accordance with the provisions of the Local Government Act 1974. I sent Mr X a draft decision and have considered his comments.
What I found
- Mr X and a Council officer were involved in a private vehicle sale. When the transaction fell through, Mr X complained to the Council about the officer’s conduct.
- The Council responded to Mr X saying the Council officer’s actions did not contravene its code of conduct and provided reasons. The Council said the conduct was unrelated to Council activities so would not investigate further.
Assessment
- I cannot investigate this complaint. The evidence suggests the Council officer was acting in his private capacity when involved in the vehicle sale and was not exercising an administrative function of the Council. For this reason, the restrictions detailed in paragraph 3 above apply.
Final decision
- I cannot investigate this complaint because the matter is outside the Ombudsman’s jurisdiction. The Council officer was acting in his private capacity during the transaction and was not performing an administrative function of the Council.
Investigator's decision on behalf of the Ombudsman