Summary: We cannot investigate this complaint that the Council failed to investigate a complaint about officer conduct as it is not within our remit.

The complaint

1. Mr & Mrs X complain the Council has not investigated their complaint that a Council officer is using Council equipment, paid for by public funds, for personal use. Mr & Mrs X also consider the conduct to be of a criminal nature.

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The Ombudsman’s role and powers

2. We cannot investigate complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) as amended).
3. We cannot investigate something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), as amended)
4. 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 there is another body better placed to consider this complaint (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

7. Mr & Mrs X complain about an officer’s actions in a personal capacity. These do not represent actions taken in the exercise of the functions of the Council. We cannot therefore investigate, as per paragraph two.
8. The injustice Mr & Mrs X complain about, that is, that publicly funded equipment is being used, does not provide a basis for us to investigate as this impacts on all or most of the people in the Council’s area and not to any greater degree specifically on Mr & Mrs X. As per paragraph three, we cannot investigate such complaints.
9. Complains about criminal acts are for the police to respond to. We cannot become involved in such matters.

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Final decision

10. We cannot investigate Mr & Mrs X’s complaint because it does not concern an administrative function of the Council and impacts all or most of the people in the Council’s area.

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Investigator's decision on behalf of the Ombudsman