Summary: We will not investigate Mrs X’s complaint about the actions of a Council officer. This is because there is nothing we would add to the response provided by the Council which explains this is not a matter it will consider because it relates to the officer’s actions outside of, and unrelated to, her role with the Council.

The complaint

1. The complainant, whom I shall call Mrs X, complains a Council officer has harassed her. She also complains the Council shared her confidential emails with the officer.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We provide a free service, but must use public money carefully. We do not start an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))

4. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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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. Mrs X complains she has been harassed by a Council officer. This relates to the officer’s private actions outside of her role with the Council.
8. Mrs X complained to the Council. The Council told Mrs X it was not a matter it would investigate because the matters complained about were not related to the officer’s role or work with the Council.
9. Mrs X also complains the Council shared her confidential emails with the officer after she submitted her complaint.

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Final decision

10. We will not investigate Mrs X’s complaint because there is nothing we could add to the response already provided by the Council. The complaint clearly relates to the officer’s actions outside of her role with the Council. As such, it is not a matter for the Council to consider via its complaints procedure as the complaint is not about the officer’s actions for, or on behalf of, the Council.
11. If Mrs X considers the Council wrongly shared her confidential emails that is a data protection matter which is best considered by the Information Commissioner’s Office.

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Investigator's decision on behalf of the Ombudsman