Summary: Mr X complains he received a connection request on social media from a Council officer. We have discontinued our investigation. This is because the officer’s actions were not made in connection with the administrative functions of the Council and the matter is therefore out of our jurisdiction.

The complaint

1. Mr X complained about the conduct of a Council officer who later sent him a connection request on social media. Mr X says his daughter accidently accepted the connection request thereby giving the Council officer access to his personal information. Mr X says he felt threatened and intimidated and would like the Council to apologise and make a financial award for harm caused to his mental health.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)
4. The courts have said we can decide not to investigate a complaint about any action by a council concerning a matter which is outside our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

5. I spoke with Mr X and considered his comments in response to my draft decision. I also invited the Council to comment on my draft decision and considered the information it provided.

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What I found

6. Mr X contacted the Council for information about a planning application that had been made locally. Following an email exchange with a Council officer, Mr X complained to the Council about the officer’s conduct during the interaction. Mr X later received a friend request on social media from the officer he complained about.
7. The Council advised that no member of staff in its planning team uses social media as part of their role. Further, that social media plays no part in the administrative functions of the Council in relation to that department of its planning service. Mr X says the friend request was sent during the working hours of the Council officer, but this does not mean the action was carried out in connection with the Council’s administrative function.
8. Mr X says he felt threatened and intimidated by the actions of the Council officer and so he complained to the Council. The Ombudsman cannot investigate this complaint. Our role is to deal with complaints about the actions of Councils acting as Local Government bodies. The officer’ actions on social media were not taken in connection with the administrative function of the Council and we therefore cannot look at the way it is dealing with the issue.
9. Mr X also says he is unhappy with how the Council handled his complaint. It is however not an effective use of public resources to investigate complaints about complaint procedures if we are unable to deal with the substantive issue.

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Final decision

10. We have discontinued our investigation into this complaint. This is because the officer’s actions were not made in connection with the administrative functions of the Council and the matter is therefore out of our jurisdiction.

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Investigator's decision on behalf of the Ombudsman