Summary: We will not investigate this complaint about the Council’s handling of a complaint Miss X made about the conduct of one of its employees. This is because there is insufficient evidence of Council fault causing an injustice to Miss X.

The complaint

1. Miss X complains the Council has not properly investigated the complaint she made to it about the conduct of one of its employees in their private capacity at a public event. Miss X is concerned about this person’s interactions with members of the public and would like the Council to fully investigate the matter.

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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 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 any alleged fault has not caused injustice to the person who complained (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We look at organisational fault, not individual professional competence. Decisions about individual’s fitness to practise or work are for the organisations concerned, and for professional regulators, not the Ombudsman. (Local Government Act 1974, s26(1) and s26A(1) as amended)

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How I considered this complaint

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

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My assessment

6. I recognise the concerns Miss X has, but she herself is not caused any significant personal loss or harm from how the Council has investigated the conduct of one of its staff members. As such, it would not be a good use of our limited resources to investigate this complaint.
7. Additionally, decisions about staff members’ fitness to work are for the Council and not something we could take any view on.

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Final decision

8. We will not investigate Miss X’s complaint because the alleged Council fault does not directly cause her a level of personal loss or harm to justify our further involvement.

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Investigator's decision on behalf of the Ombudsman