Summary: We will not investigate this complaint about how he was treated by a Council staff member. This is because there is not enough evidence of fault to justify investigating.

The complaint

1. Councillor X complained a Council staff member treated him in an intimidating, harassing and bullying way. He said he felt insulted, worried and stressed by the staff member’s remarks, which he said were unsolicited. He said that the staff member had tried to undermine democracy. He wanted the Council to take action to stop this allegedly intimidating behaviour.

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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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Councillor X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Councillor X complained that a Council staff member treated him in a way which he considered to be intimidating, harassing and bullying within an email.
6. In its complaint response, the Council stated it did not agree the staff member’s email was intimidating, harassing or bullying. It stated the staff member had legal and statutory obligations to provide advice to Councillors. Therefore, there may be times when Councillor X received advice from certain staff members when it had not been requested.
7. Councillor X said the staff member had tried to undermine democracy. In its complaint response, the Council said the staff member’s tone did not impact Councillor X’s rights to represent his electorate.
8. We will not investigate this complaint because there is not enough evidence of fault to justify investigating. The Council considered Mr X’s complaint and concluded the staff member’s tone could not be regarded as intimidating, harassing or bullying.

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Final decision

9. We will not investigate Councillor X’s complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman