Summary: We will not investigate Mr X’s complaint about the actions of a Council officer. The Council has apologised for any distress caused by their actions, which is an appropriate remedy. An investigation would not achieve anything more.

The complaint

1. Mr X complains a Council officer was obstructive and unnecessarily aggressive during phone calls and twice put the phone down on him. He says this caused him distress and affected his mental health. He wants the officer to apologise to him directly.

Back to top

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 impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue 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
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. In its complaint responses to Mr X, the Council has apologised to Mr X for any distress caused by the officer’s actions. It stated the apology was both from the officer involved and on behalf of the Council.
6. We will not investigate this complaint as it is unlikely an investigation would lead to a different outcome. The apologies provided in the complaint responses are an appropriate remedy for any distress caused. We could not require the Council officer to write to Mr X directly and so could not achieve the outcome he is seeking.

Back to top

Final decision

7. We will not investigate Mr X’s complaint because an investigation would not lead to a different outcome or achieve what Mr X wants.

Back to top

Investigator's decision on behalf of the Ombudsman