Summary: We will not investigate this complaint about staff conduct and also about the Council’s handling of his request for his personal data. Firstly, we are unlikely to find fault in how the Council has responded to Mr X’s complaint about its staff. And, secondly, because the Information Commissioner’s office is better placed to consider access to data matters.

The complaint

1. Mr X complains that a Council officer telling him that another officer made offensive comments about Mr X and his disability.
2. Mr X also complains the Council has failed to act on his Subject Access Request or his complaint about the SAR.
3. Mr X says he feels humiliated and would like an apology/compensation.

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The Ombudsman’s role and powers

4. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
5. We cannot investigate a complaint if it is about a personnel issue. (Local Government Act 1974, Schedule 5/5a, paragraph 4, as amended)
6. We do not start 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

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

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My assessment

9. The Council has responded to Mr X to say, in effect, it has investigated his concerns but cannot provide any information in connection with its employees.
10. We will not investigate. We have no power to look at the Council’s actions as an employer investigating its employees. Mr X has received a response from the Council, and I do not see evidence of administrative fault in the way it has responded.
11. With respect to Mr X’s concerns about his subject access request, we will not investigate. This is because the Information Commissioner’s office is best placed to consider matters in connection with information rights as the Regulator for information rights.
12. We also would not look at a complaint about a complaints procedure when we are not looking at the underlying matter as it is not a good use of public money.

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Final decision

13. We will not investigate Mr X’s complaint because there is no evidence of fault in how the Council responded to Mr X’s complaint.

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Investigator's decision on behalf of the Ombudsman