Summary: We cannot investigate this complaint about the conduct of a Council Officer. That is because it occurred outside of their Council Officer role, therefore was not administrative action of the Council.

The complaint

1. Mr X complained about the conduct of a Council Officer. He said they bullied and intimidated him. He wants an apology and improved training for Council Officers when they are not at work.

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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 complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) as amended).
4. We cannot investigate a complaint if it is about a personnel issue. (Local Government Act 1974, Schedule 5/5a, paragraph 4, as amended)

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How I considered this complaint

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

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My assessment

7. We cannot investigate Mr X’s complaint about the conduct of the Council Officer. Firstly, the behaviour Mr X complains of took place out of work. The Council Officer was not carrying out a Council function at the time, therefore was not carrying out an administrative function of the Council.
8. In addition, the Council is dealing with the concerns raised by Mr X as a personnel matter. It says that process is confidential. The law says we cannot investigate where the matter is a about a personnel issue.

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Final decision

9. We cannot investigate Mr X’s complaint because it is not about an administrative function of the Council.

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Investigator's decision on behalf of the Ombudsman