Summary: We will not investigate this complaint about comments made about the complainant, which she considers to be defamation and slander. This is because these are matters better decided in court. The complaint that the Council have not properly recorded information is a matter for the Information Commissioner who is best placed to investigate complaints about data protection matters. We cannot investigate any matters that have been subject to an employment tribunal.

The complaint

1. The complainant, who I will call Miss X, complains that a Council social worker accused her of fraud which she describes as defamation and slander. She also complains that the Council have failed to provide her with information she requested about a safeguarding matter. Miss X also complains about the actions of the Council which have impacted the outcome of her employment tribunal.

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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. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
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)
5. We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. I will not investigate Miss X’s complaint that comments by a Council social worker amount to defamation and slander. Claims of defamation of character and slander are for the courts to determine, not the Ombudsman, and it would be reasonable for Miss X to ask the court to consider this matter.
9. I will not investigate Miss X’s complaint that the Council has not provided her with information she requested relating to a safeguarding matter. This is because it is reasonable for her to raise this matter with the Information Commissioner, who it better placed to consider complaints about data protection issues.
10. I cannot investigate any other actions by the Council which may or may not have impacting the outcome of Miss X’s employment tribunal. The law does not allow the Ombudsman to investigate matters which have been subject to tribunal proceedings.

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Final decision

11. We will not investigate Miss X’s complaint because it is reasonable for her to ask for the matters to be considered by the courts and the Information Commissioner. We also cannot investigate matters which have been subject to a tribunal appeal.

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Investigator's decision on behalf of the Ombudsman