Summary: We will not investigate Mrs X’s complaint about a Council employee verbally abusing her on a social media site. This is because there is no sign of fault in the Council’s handling of the matter and it is unlikely we would add to the response already provided by the Council’s investigation. Also, an investigation by the Ombudsman cannot achieve the outcomes Mrs X seeks.

The complaint

1. The complainant, whom I shall call Mrs X, complains about the Council’s investigation of her complaint about a Council employee sending her verbally abusive messages on a social media site.

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The Ombudsman’s role and powers

2. 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)
3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
4. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• it is unlikely we could add to any previous investigation by the Council, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

5. I considered the information Mrs X provided. I also considered the information the Council provided in response to our initial enquiries. I sent Mrs X a draft of my decision and invited her comments on it.

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What I found

6. Mrs X complained to the Council about abusive comments a Council officer sent her via a social media site.
7. Although the officer works for the Council, the messages were not sent in her working capacity and did not relate to her post at the Council. Mrs X and the officer know each other in a personal capacity and the messages related to this.
8. Mrs X also complained the officer threatened to report Mrs X’s partner for benefit fraud if she did not retract her complaint to the Council.
9. The Council investigated Mrs X’s complaint and the concerns she raised. It informed Mrs X it had taken appropriate action, in line with its policies and procedures, as a result of her complaint but that it was unable to inform her what action it had taken.
10. The outcomes Mrs X seeks in complaining to the Ombudsman are for the officer to be dismissed without notice for gross misconduct, and for the Council to tell her what action it took against the officer. These are not outcomes we can achieve via an investigation. We cannot recommend disciplinary action or consider disciplinary matters as these lie outside our remit.
11. I asked the Council to confirm what action it took as a result of this complaint and I am satisfied it has taken suitable action. This cannot be shared with Mrs X because it is information that is confidential to the officer involved. There is nothing further we could add to the response already provided to Mrs X via the Council’s investigation and no further information we could share with her. I can see no sign of fault in the way the Council has considered this matter.

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Final decision

12. We will not investigate this complaint. This is because there is no sign of fault in the way the Council has considered and responded to this matter; there is nothing further we could add to the Council’s investigation and the outcomes Mrs X seeks are not achievable via an investigation.

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Investigator's decision on behalf of the Ombudsman