Summary: We will not investigate Mr X’s complaint about the Council’s decision to use the term BME (Black and Minority Ethnic) instead of BAME (Black, Asian and Minority Ethnic). This is because there is not enough evidence of fault by the Council and so we cannot question its decision.

The complaint

1. The complainant, whom I shall refer to as Mr X, complains about the Council’s decision to use the term BME (Black and Minority Ethnic) instead of BAME (Black, Asian and Minority Ethnic). Mr X believes the Council is discriminating against the Asian community.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. 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. (Local Government Act 1974, section 24A(6), as amended)
3. 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)

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How I considered this complaint

4. I considered Mr X’s complaint to the Ombudsman and the information he provided. I also gave Mr X the opportunity to comment on a draft statement before reaching a final decision on his complaint.

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What I found

5. Mr X complained to the Council about its decision to use the term BME instead of BAME. Mr X said he felt the Asian community was being excluded and asked the Council to go back to using the term BAME.
6. In its response to Mr X the Council said:
• Language is constantly evolving.
• It listens to staff, residents, and community groups to understand the terms to use when talking about ethnicity, culture, faith and identity.
• It has received correspondence from residents and groups about why different terms such as “BME”, “BAME”, “people of colour” or no term at all should be used.
• It uses the term BME following feedback from the Council’s BME Workers’ Forum and other community groups.
7. I understand how important the issue at the heart of Mr X’s complaint is to him. It is also clear that Mr X is unhappy with the Council’s decision to use the term BME – instead of BAME.
8. But it is ultimately the Council’s decision which term it uses. It is not our role to take such decisions, or to question them in the absence of the fault in how the decision was reached. The Council has explained the rationale behind its decision to Mr X and his complaint is not therefore one we will investigate.

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Final decision

9. We will not investigate Mr X’s complaint. This is because there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman